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Kirwan v Cresvale Far East Ltd (in liq)

(2002) 44 ACSR 21
JurisdictionAustralia
CourtNew South Wales Court of Appeal
Year2002
StatusBinding authority

Summary

Considers unfair preference payments under s.588FA of the Corporations Act and the application of the running account defence to preference claims.

Key Principle

unfair preference payments under s.588FA Corporations Act; running account defence

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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