The “Bright Line” in MJ Woodman: High Court Upholds no Set Off for Unfair Preference Claims
Introduction The High Court[1] has today unanimously upheld the decision of the Full Court[2] that statutory set off under section 553C of the Corporations Act 2001 (Cth) (Act) is not available against a liquidator’s unfair preference claim and, in doing so, overturned a decades-old line of authorities to the contrary.[3] What is statutory set off? […]
