G & M Aldridge Pty Ltd v Walsh

Elecraft (Aust) Pty Ltd v Walsh K & V Plumbers Pty Ltd v Walsh Barden-Steeldeck Industries Pty Ltd v Walsh [2001] HCA 27
Judgment date
Case number
M104/2000
M105/2000
M106/2000
M107/2000
Before
Gleeson CJ, Gaudron, Gummow, Hayne, Callinan JJ
Catchwords

Companies – Winding up in insolvency - Preference - Payments made by project manager to unsecured creditors - Payments from property subject to fixed and floating charge - Payments made after crystallisation of floating charge - Chargee took no action in relation to payments - Whether payments had effect of giving creditors a preference, priority or advantage over general body of unsecured creditors.

Words and phrases – "preference, priority or advantage".

Bankruptcy Act 1966 (Cth) – s 122(1), (2).

Companies Code (Vic) – s 451.

Files
27.rtf (32.63 KB)
27.pdf (76.8 KB)