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Further guidance on when third party payments will constitute unfair preferences

In Hosking v Extend N Build Pty Ltd [2018] NSWCA 149, the Court of Appeal considered whether payments made to contractors of an insolvent company by a third party could be deemed to be unfair preferences. The case provides a good summary of the current Federal Court decisions, which deal with this contentious issue and provides guidance for practitioners in identifying whether these payments fall within section 588FA of the Corporations Act 2001 (Cth). 

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