21 Dec 2007
TRC CONSULTANTS LTD V HIGGS & ORS HC AK CIV 2005-425-00290
- Citation
- openlaw-4e28322c_338e_4415_972c_666a16e3e0fd.pdf
- Court
- High Court
The payments were made in the ordinary course of business between the parties and therefore not voidable under s292(2); alternatively, even if voidable, the plaintiff received the funds in good faith and altered its position by continuing performance and incurring expenses, and considering the delay by the liquidators recovery would be inequitable under s296(3), so relief is granted and the payments will not be set aside.