Sheahan v Carrier Air Conditioning Pty Ltd & Others, Air Con Serve Pty Ltd & Others

(1997) 189 CLR 407

---

JOHN SHEAHAN v CARRIER AIR CONDITIONING PTY LTD, ANDREW RYRIE CAMPBELL & ANOTHER, AIR CON SERVE PTY LTD

Court:

Judges: Brennan CJ
Dawson, Gaudron and Gummow
Kirby JJ

Subject References:
CORPORATIONS
Winding up
Preferences
Payments by receiver and manager to company's creditors from funds subject to debenture
Whether payments made by company or receiver
Effect of personal undertaking of liability by receiver
Nature of receiver's agency
Preferential effect where no unsecured creditors disadvantaged
Whether payments voidable preferences recoverable by liquidator.

Other References:
Corporations Law, ss 421(1), 565.
Bankruptcy Act 1966 (Cth), ss 122(1), 122(1A).

Judgment date: 12 AUGUST 1997

---

ORDER

Appeals dismissed with costs.