30 Aug 2005
CHRISTOPHER DAVID BARR V THE OFFICIAL ASSIGNEE AS ADMINISTRATOR OF THE ESTATE OF GRAHAM GEOFFREY BARR HC WN CIV 2001-485-591
- Citation
- openlaw-a5b2e1f6_c264_43db_a7b4_b8367419e12e.pdf
- Court
- High Court
Payment of $40,000 was a repayment of loans but, given the bankrupt's precarious tax liabilities, borrowing to meet commitments and disposal of his sole major asset with all sale proceeds paid to the applicant, the payment was made with the dominant intention of preferring the applicant; the applicant failed to prove good faith, change of position and inequity under s58(6), so recovery was ordered and the disposition set aside.