Cant v Mad Brothers Earthmoving

Reading Time: < 1 minute

Today the Victorian Court of Appeal handed down its decision in Cant v Mad Brothers Earthmoving Pty Ltd [2020] VSCA 198 (Beach, McLeish and Hargrave JJA) giving much needed clarification of what constitutes an unfair preference under S 588FA of the Corporations Act 2001.

The Court of Appeal, in dismissing the Liquidator’s appeal, has held it is necessary that a preference be received from the assets of the company and result in a diminution of the assets of the company available to the creditors.

For full details please refer to the Court of Appeal’s decision here.

I would like to congratulate and thank Mad Brothers Earthmoving Pty Ltd, their counsel Mr Stephen Palmer and Mr Lachlan Molesworth, and the Oakley Thompson & Co team members involved in this appeal.

Julian Vagg
Principal

Not sure what you need help with?

Don’t worry – just book a consultation we’ll help work out your legal needs.
Contact Us

We are pleased to announce that as of 1 July 2024, Prompt Legal Services and Gladstone Park Conveyancing have merged with Oakley Thompson & Co. This strategic move marks a new chapter in our endeavour to provide exceptional legal services for our clients.

X