23 May 2011
LEVIN AND ANOR V RASTKAR COA CA755/2009
- Citation
- LEVIN AND ANOR V RASTKAR COA CA755/2009
- Court
- Court of Appeal
The $17,000 payment on 24 May 2004 (to Amarine) was a payment by the company at the respondent's direction while the company was insolvent; the respondent did not hold a valid enforceable GSA (no authority to sign the GSA on behalf of the company), the payment was not in the ordinary course of business, and s296(3) did not apply; accordingly the transaction was voidable under s292 and was set aside under s294(5) and repayment ordered under s295(a) with the respondent entitled to claim as creditor for that amount under s295(g).