Kenneth John Rennie in his capacity as joint liquidator of the third Plaintiff & 2 Ors v Printbase Pty Limited [2002] NSWSC 78

New South Wales Supreme Court

CITATION : Kenneth John Rennie in his capacity as joint liquidator of the third Plaintiff & 2 Ors v Printbase Pty Limited [2002] NSWSC 78 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 01451/01 HEARING DATE(S) : 18/02/01, 19/02/02 JUDGMENT DATE : 22 February 2002

Kenneth John Rennie in his capacity as joint liquidator of the third Plaintiff (First Plaintiff)

Geoffrey Ralph James in his capacity as joint liquidator of the third Plainitiff (Second Plaintiff) PARTIES : SL Electronics (NSW) Pty Limited (receivers & managers appointed) (controller acting in liquidation) A.C.N. 002 978 403 (Third Plaintiff)

Printbase Pty Limited A.C.N. 053 584 311 (Defendant) JUDGMENT OF : Acting Master Berecry

COUNSEL : Plaintiffs: Mr R Darke SC Defendant: Mr E White SOLICITORS : Plaintiffs: R Hugh & Associates Defendant: Robilliard & Robilliard CATCHWORDS : Winding up - unfair preference - insolvent transaction - defences - whether reasonable grounds to suspect company insolvent - whether transaction part of continuing business relationship - Running account - Corporations Act ss 588FA, 588FG(2) LEGISLATION CITED : Corporations Act 2001 (Cth) Sutherland v Eurolinx (2001) 37 ACSR 477 at 483 CASES CITED : Sparad (No 100) (as liquidator of Spedley Securities Ltd (in liq)) v JB Harkness (unreported CA(NSW), Full Court, CA40665/93, 14 February 1997, BC9700197 Airservices Australia v Ferrier (1996) 185 CLR 483 Queensland Bacon Pty Ltd v Rees (1966) 115 CLR 266 DECISION : The Defendant pay to the Plaintiffs the sum of $11 680.00 together with interest from the date of the letter of demand. ; The Defendant is to pay teh Plaintiffs costs of these proceedings.