1 Jun 2006
PORTER HIRE LIMITED V BLANCHETT AND ANOR HC AK CIV 2005-404-3056
- Citation
- openlaw-e90a40fd_106c_4c97_bb71_eb2474b57883.pdf
- Court
- High Court
Measured against the actual liquidation, the Court found the four $24,000 payments were part of the existing unusual but ongoing trading pattern and therefore in the ordinary course and not voidable; payments made directly by Manson were payments on behalf of Yukich, were not in the ordinary course and were voidable preferences; Porter Hire could not establish the s296(3) defence for the Manson payments because it failed to prove a reasonable belief in the transaction's validity; substituted-security argument on the machinery sale was not permitted to be advanced late and, on the evidence, Po…