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What is the priority of a payment negotiated in a settlement with a liquidator?

  • TurkAlert
  • Published 04.04.2016

The Supreme Court of Victoria delivered judgment on 4 March 2016 in Warehouse Sales Pty Ltd (in liq) v WHS2 Pty Ltd (in liq) [2016] VSC 63. This case is particularly useful to liquidators as it deals with a number of questions that often confront liquidators, including:

  1. When will an application under section 511 Corporations Act 2001 (Cth) (the Act) be heard in the absence of a contradictor?;
  2. What are the grounds on which a direction under section 511 of the Act can be made?;
  3. When will the Court give directions approving a settlement agreement?; and
  4. When will a payment under a settlement agreement between a liquidator and a creditor have priority under section 556(1)(a) of the Act?

The main focus of this Turkalert is the fourth question, which related to a settlement payment by the liquidators to a number of creditors who were TurksLegal clients.