22 Oct 2008
STEPHEN JAMES HIGGS AND STEPHEN ALAN DUNBAR V P & W PAINTERS LIMITED AND ANOR CA CA667/2007
- Citation
- openlaw-80966b68_98ab_403c_9738_e06d57dcb541.pdf
- Court
- Court of Appeal
On the objective assessment of the parties' commercial relationship and industry practice, the history of invoices and payments, the pattern of late and rounded payments, absence of evidence of notice of insolvency or special credit concern, and the continued contractual relationship, the respondents proved on the balance of probabilities that the impugned payments were made in the ordinary course of business and therefore were not voidable under s292 of the Companies Act 1993.