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Australia

Re Willmott Growers Group Inc (No 2)

(2013) 251 CLR 592
JurisdictionAustralia
Year2013
Statusunclear

Key Principle

proof of debt in winding up; contingent claims; valuation of future obligations

Area of Law

insolvency

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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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