Metal Manufactures Pty Ltd v Morton

JurisdictionAustralia Federal only
JudgeKiefel CJ,Gordon,Edelman,Steward JJ,Gageler J.
Judgment Date08 February 2023
Neutral Citation[2023] HCA 1
Docket NumberB19/2022
CourtHigh Court
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4 firm's commentaries
  • Australian High Court: No Statutory Set-Off Against Unfair Preference Claims
    • Australia
    • Mondaq Australia
    • 23 March 2023
    ...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......
  • High Court hands down important unfair preference decisions
    • Australia
    • Mondaq Australia
    • 8 March 2023
    ...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......
  • Unfair preference payments, recent developments in case law
    • Australia
    • Mondaq Australia
    • 10 April 2023
    ...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......
  • Australia holds the line on priorities between successive trustees
    • Australia
    • Mondaq Australia
    • 19 April 2023
    ...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......

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