Bryant & Ors v. Badenoch Integrated Logging Pty Ltd
Case No.
A10/2022
Case Information
Lower Court Judgment
24/06/2021 Federal Court of Australia (Middleton, Charlesworth and Jackson JJ)
[2021] FCAFC 64, [2021] FCAFC 111
Catchwords
Corporations law – Voidable transactions – Unfair preferences – "Peak indebtedness" rule – Interpretation of s 588FA of Corporations Act 2001 (Cth) – Where, pursuant to s 588FA(1), transaction an unfair preference given by company to creditor if company and creditor are parties to transaction and, as a result of transaction, creditor receives more than creditor would have were creditor to prove for debt in winding up – Where s 588FA(3)(c) provided s 588FA(1) applies to all transactions forming part of relationship as if single transaction where, relevantly, transaction an integral part of a continuing business relationship – Where Full Court set aside primary judge's finding that liquidators entitled to choose point of peak indebtedness during statutory period in endeavouring to show, from that point, preferential payment under s 588FA(1) – Whether, by enacting s 588FA(3)(c), Parliament intended to abrogate liquidator's right to choose any point during statutory period, including point of peak indebtedness, to show point from which preferential payment under s 588FA(1) – Proper point for single transaction under s 588FA(3)(c) – Whether continuing business relationship will cease if operative and mutual purpose of inducing further support is subordinated to predominant purpose of recovering past indebtedness.
Documents*
18/03/2022 Hearing (SLA, Canberra by remote connection)
01/04/2022 Notice of appeal
09/05/2022 Written submissions (Appellants)
09/05/2022 Chronology (Appellants)
03/06/2022 Written submissions (Respondent)
24/06/2022 Reply
18/10/2022 Hearing (Full Court, Canberra) (Audio-visual Recording)
18/10/2022 Outline of oral argument (Appellants)
18/10/2022 Outline of oral argument (Respondent)
08/02/2023 Judgment (Judgment summary)