Olsen v Nodcad [1999] NSWSC 364

Olsen v Nodcad [1999] NSWSC 364

Because Nodcad was under administration immediately before the Court made the winding up order, s 513A(b) applied. The winding up was therefore taken to have begun on the section 513C day, being 2 July 1997, the day the administration began, and the relation-back day was 2 July 1997 rather than 21 February 1997. The payment of $69,850 made on or about 5 or 6 September 1996 was therefore not made during the six months ending on the relation-back day.

Jurisdiction
Australia
Judgment Date
23 April 1999
Procedural Posture
Corporations Winding Up and Voidable Transaction Proceeding / Determination of a Separate Question Under Part 31 Rule 2 of the Supreme Court Rules
Outcome
Separate question answered in favour of the applicant, Robert George Moore.
Legal Topics
['winding Up' 'relation Back Day' 'administration' 'unfair Preference' 'voidable Transactions']
['corporations Law' 'insolvency Law'] ['winding Up' 'relation Back Day' 'administration' 'unfair Preference' 'voidable Transactions']

Case Brief

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Procedural Posture

Corporations Winding Up and Voidable Transaction Proceeding / Determination of a Separate Question Under Part 31 Rule 2 of the Supreme Court Rules

Legal Issues

  1. 1 ['Whether the payment made by Nodcad Pty Limited (In Liquidation) to Robert George Moore on or about 5 or 6 September 1996 in the sum of $69,850 was made during the six months ending on the relation-back day as defined in s 9 of the Corporations Law.' 'Whether, where an administrator was appointed after the filing of a winding up application but before the Court made a winding up order, the relation-back day was the day the administration began or the day the winding up application was filed.']

Ratio Decidendi

Because Nodcad was under administration immediately before the Court made the winding up order, s 513A(b) applied. The winding up was therefore taken to have begun on the section 513C day, being 2 July 1997, the day the administration began, and the relation-back day was 2 July 1997 rather than 21 February 1997. The payment of $69,850 made on or about 5 or 6 September 1996 was therefore not made during the six months ending on the relation-back day.

Court Disposition

Separate question answered in favour of the applicant, Robert George Moore.

Orders

  • ['The payment made by Nodcad Pty Ltd (In Liq) to Robert George Moore on or about 5 or 6 September 1996 in the sum of $69,850 was not made during the six months ending on the relation-back day as defined in s 9 of the Corporations Law.']