5 Aug 2010
DAVID MURRAY BLANCHETT AND MALCOLM GRANT HOLLIS V MCENTEE HIRE HOLDINGS LIMITED HC ROT CIV 2010-463-000270
- Citation
- openlaw-a3735c7a_d5d3_4b74_8fb9_4228c587181f.pdf
- Court
- High Court
The Court held the running account between the parties terminated on 9 January 2008 (Stop Credit Notice and referral to debt collectors evidenced a change in commercial relationship), the Company was insolvent before and at that time, McEntee failed to establish the conjunctive s 296(3) defence (a reasonable person would have suspected insolvency), and therefore payments made after that date are voidable; alternatively the liquidators may select 9 January 2008 as the start date for the single-transaction calculation producing a recoverable preference of $18,124.12, and the liquidators' primar…