Federal Court of Australia
Federal Court of Australia
O'Kearney (Liquidator), in the matter of Aqua Infrastructure Pty Ltd (in liq) v Unimode Pty Ltd [2020] FCA 1420 File number(s): QUD 225 of 2020
Judgment of: DERRINGTON J
Date of judgment: 1 October 2020
Catchwords: CORPORATIONS – voidable transactions – unfair preferences and insolvent transactions – default judgment in respect of payments made and reduction on running account
Legislation: Corporations Act 2001 (Cth) ss 91, 513B, 588FA, 588FC, 588FE, 588FF, 588FG Federal Court of Australia Act 1976 (Cth) s 51A Federal Court Rules 2011 (Cth) rr 5.22, 5.23
Cases cited: Arthur v Vaupotic Investments Pty Ltd [2005] FCA 433 Australian Competition and Consumer Commission v Dataline.net.au Pty Ltd (2006) 236 ALR 665
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 41
Date of hearing: 1 October 2020
Solicitor for the Plaintiff: Mr L Bongers of Minter Ellison
Counsel for the Defendant: The defendant did not appear
ORDERS QUD 225 of 2020 IN THE MATTER OF AQUA INFRASTRUCTURE PTY LTD (IN LIQ) BETWEEN: GLENN O'KEARNEY IN HIS CAPACITY AS LIQUIDATOR OF AQUA INFRASTRUCTURE PTY LTD (IN LIQUIDATION), ACN 151 429 944 Plaintiff
AND: UNIMODE PTY LTD ACN 056 406 145 Defendant
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