In the Matter of Emanuel (NO.14) Pty Ltd (In Liquidation)(ACN 008 080 206) Macks, Peter Ivan & Anor v Blacklaw & Shadforth Pty Ltd (ACN 010 474 734) [1997] FCA 18

In the Matter of Emanuel (NO.14) Pty Ltd (In Liquidation)(ACN 008 080 206) Macks, Peter Ivan & Anor v Blacklaw & Shadforth Pty Ltd (ACN 010 474 734) [1997] FCA 18

The payment of $322,313.54 to Blacklaw was not made by Emanuel, and Emanuel and Blacklaw were not parties to the relevant transaction; therefore, the payment was not an unfair preference under s588FA of the Corporations Law.

Jurisdiction
Australia
Judgment Date
24 January 1997
Procedural Posture
Application Under Part 5.7 B, Division 2 of the Corporations Law / Final Judgment
Outcome
application dismissed
Legal Topics
['winding Up' 'unfair Preference' 'voidable Transactions']
['corporations'] ['winding Up' 'unfair Preference' 'voidable Transactions']

Case Brief

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Procedural Posture

Application Under Part 5.7 B, Division 2 of the Corporations Law / Final Judgment

Legal Issues

  1. 1 ['Whether a transaction was an unfair preference under s588FA of the Corporations Law' 'Whether company and creditor were parties to the transaction']

Ratio Decidendi

The payment of $322,313.54 to Blacklaw was not made by Emanuel, and Emanuel and Blacklaw were not parties to the relevant transaction; therefore, the payment was not an unfair preference under s588FA of the Corporations Law.

Court Disposition

application dismissed

Orders

  • ['The application be dismissed.']