Preference Defences
‘GOOD FAITH’ DEFENCE — a recent decision tests the effectiveness of the defence
Author – Nicholas Boyce
A recent test of the 'good faith' defence in resisting a preference claim highlights the effectiveness of having your recovery processes in order and …
Important win for creditors defending unfair preference claims
The ‘PPSA defence’ has, in recent times, become a very valuable tool used by creditors to defend unfair preference claims.
The Supreme Court of South Australia recently overtu…
Court permits a set-off against a liquidator’s unfair preference claim for unpaid debt
In a significant win for creditors, the District Court of Queensland recently applied a set off for unpaid debts owed to a creditor against a liquidator’s claim to recover sums a…