10 May 2006
SHEN V MANAGH, LIQUIDATOR OF ZEST BISTRO LIMITED (IN LIQUIDATION) HC WN CIV-2004-485-858
- Citation
- openlaw-684a180c_bb4b_469c_9f25_614ebbddd75a.pdf
- Court
- High Court
The payment of $138,000 was made within the specified period when Zest Bistro was insolvent, was not made in the ordinary course of business, and resulted in a preference to the plaintiff; the plaintiff failed to prove good faith or alteration of position under s296(3), so the payment is voidable and must be repaid with interest and costs.