Full Court Minute Books

Case B19/2022

Metal Manufactures Pty Limited v. Gavin Morton as liquidator of MJ Woodman Electrical Contractors Pty Ltd (in liquidation) & Anor

Case No.

B19/2022

Case Information

Lower Court Judgment

16/12/2021 Federal Court of Australia (Allsop CJ, Middleton & Derrington JJ)

[2021] FCAFC 228

[2022] FCAFC 1

Catchwords

Corporations law – Insolvency – Liquidators – Set-off – Unfair preferences – Mutuality – Where s 533C(1) of Corporations Act 2001 (Cth) provided, relevantly, where mutual credits, mutual debts or other mutual dealings between insolvent company being wound up and person who wants debt or claim admitted against company: (a) account to be taken of what due in respect of mutual dealings; and (b) sum due from one party to be set off against any sum due from other party; and (c) only balance of account admissible to proof against company – Where ss 588FA, 588FE and 588FF of Corporations Act provide for recovery of unfair preferences – Where creditor received payments during relation back period of $190,000 – Where quantum of creditor’s alleged set-off admitted to be $194,727.23 – Whether statutory set-off under s 553C(1) of Corporations Act available to creditor against liquidator in answer to claim for recovery of unfair preference under ss 588FA, 588FE and 588FF of Corporations Act – Proper approach to mutuality in s 533C.

Documents*

12/05/2022 Determination (SLA, Canberra by video connection)

26/05/2022 Notice of appeal

30/06/2022 Written submissions (Appellant)

30/06/2022 Chronology (Appellant)

27/07/2022 Written submissions (Respondents)

17/08/2022 Reply

12/10/2022 Hearing (Full Court, Canberra) (Audio-visual recording)

12/10/2022 Outline of oral argument (Appellant)

12/10/2022 Outline of oral argument (Respondents)