Metal Manufactures Pty Ltd v Morton
| Jurisdiction | Australia Federal only |
| Judge | Kiefel CJ,Gordon,Edelman,Steward JJ,Gageler J. |
| Judgment Date | 08 February 2023 |
| Neutral Citation | [2023] HCA 1 |
| Docket Number | B19/2022 |
| Court | High Court |
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4 firm's commentaries
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Australian High Court: No Statutory Set-Off Against Unfair Preference Claims
...the company. The Development: In Metal Manufactures Pty Ltd v Morton as liquidator of MJ Woodman Electrical Contractors Pty Ltd (in liq) [2023] HCA 1, the High Court of Australia held that debts owed to creditors cannot be set off against a liquidator's unfair preference claim during windin......
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Unfair preference payments, recent developments in case law
...between the company in liquidation and its creditors could be "set off'' against one another. Metal Manufactures Pty Limited v Morton [2023] HCA 1 has now confirmed that set-off under section 553C does not apply as a defense to a liquidator's claim that a creditor has received an unfair pre......
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High Court hands down important unfair preference decisions
...as a defence In the matter of Metal Manufacturers Pty Limited v Morton as liquidator of MJ Woodman Electrical Contractors (in liquidation) [2023] HCA 1, the High Court dismissed an appeal from the decision of the Full Court of the Federal Court of The High Court unanimously upheld the decis......
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Australia holds the line on priorities between successive trustees
...trustees: Halabi at [279]. 2 With the exception of the High Court's passing reference in Metal Manufactures Pty Limited v Morton [2023] HCA 1 at [71] fn The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your sp......