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Australia Leading Case transactions at undervaluepreferencesduty to promote success s172

Bell Group Ltd (in liq) v Westpac Banking Corp (No 9)

(2008) 39 WAR 1
JurisdictionAustralia
CourtSupreme Court of Western Australia
Year2008
StatusBinding authority

Summary

Transactions between Bell Group companies and banks were uncommercial and unfair preferences; directors breached duties by failing to consider creditors' interests when permitting them.

Key Principle

The WASC held that transactions between the Bell Group companies and their banks were uncommercial transactions and unfair preferences under the Corporations Act; directors who permitted the transactions breached their duties to consider creditors' interests.

Area of Law

insolvency

Related Cases

Stubbings v Jams 2 International Pty Ltd (2022) 399 ALR 409

In unfair preference claims, payments and supplies within a continuing business relationship are assessed as a whole under the running account principle, not individually.

Stubbings v Jams 2 Pty Ltd (2022) 276 CLR 233

HCA held that a creditor's statutory demand under s.459E Corporations Act cannot be set aside merely because the company disputes the debt; a genuine dispute on substantial grounds must be shown.

Vince v ASIC [2021] FCAFC 69

Director disqualification upheld where director failed to maintain adequate books and records, constituting misconduct in management of insolvent company.

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