Recent Cases

Badenoch Integrated Logging Pty Ltd v Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) [2021] FCAFC 64 (10 May 2021) (Middleton, Charlesworth and Jackson JJ)


CORPORATIONS – voidable transactions – unfair preferences – interpretation of s 588FA of the Corporations Act 2001 (Cth) – whether there was a continuing business relationship in the form of a running account – whether the peak indebtedness rule applies in the context of s 588FA(3) of the Act – meaning of “all transactions” – rule not applied – good faith defence under s 588FG(2) of the Act not made out – where defendant creditor had notice of insolvency – unnecessary to decide threshold question under s 553C of the Act of whether set-off is available in unfair preference claims