Not all third party payments are unfair

Mark Wilks, Teagan Matthews, Brooke Egan and Rebecca Chew of Corrs review a recent decision of the Supreme Court of New South Wales in which Justice Black determined that a payment made by a third party was not an unfair preference because the payment did not diminish assets available to creditors and warn liquidators that they bear the onus of proving that payments made by third parties are unfair preferences, even where the liquidator’s claim is undefended.

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