18 Jan 2011
P R JOLLANDS AND R T JOLIFFE V MITCHILL COMMUNICATIONS LTD HC AK CIV-2009-404-008146
- Citation
- openlaw-26e7a0ea_48fd_4c31_a692_e43e7355c74e.pdf
- Court
- High Court
The court applied the statutory presumption of insolvency for payments in the restricted period and found Aden Electrical Ltd was unable to pay its debts; the subcontract was a one‑off progress payments arrangement, not a continuing business relationship under s292(4B), so individual payments were preferential; Mitchill established good faith and lack of reasonable grounds to suspect insolvency but only provided further value of $16,910.72 after receipt of payments, leaving $41,338.42 recoverable by the liquidators; orders for repayment, interest and costs followed.