Bryant v Badenoch Integrated Logging Pty Ltd

Section 588FA(3) of the Corporations Act 2001 (Cth) does not incorporate the 'peak indebtedness rule'; where transactions between an insolvent company and a creditor form an integral part of a single continuing business relationship (a running account), the unfair preference is determined by comparing the indebtedness at the beginning and end of that relationship, and a liquidator cannot select the point of peak indebtedness within the relation-back period to maximise the preference.