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CGU Insurance Ltd v Blakeley

(2016) 259 CLR 339
JurisdictionAustralia
CourtHigh Court of Australia
Year2016
StatusBinding authority

Summary

Payment made in the ordinary course of business defence to unfair preference claims is narrowly construed within the insolvency relation-back period.

Key Principle

Relation-back period in insolvency — unfair preference claims. Payment made in the ordinary course of business defence narrowly construed.

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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