High Court Wellington
29 March; 9 April 1990
Tipping J
29 March; 9 April 1990
Tipping J
Company law — Winding up — Voidable preference — Liability incurred or accruing due within one month before liquidation of company — Upon company going into voluntary liquidation because it was unable to pay its debts creditor transferred, from funds it held on behalf of the company, money in satisfaction of fees owing to creditor — Fees comprised three items: first, for services rendered two months prior to liquidation, payment of which was due in the month prior to liquidation; second, for services rendered three months prior to liquidation, payment of which had been postponed but was due in month prior to liquidation; and third, the services rendered in the month prior to liquidation — Whether first item was accruing due in month prior to liquidation — Whether postponed debt was accruing due in month prior to liquidation — Whether any part of disposition should be set aside — Companies Act 1955, ss 309(1A) and 311A.
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