Question
Coin Collecting Pty Ltd is in the process of being wound up in insolvency following the successful joint-application of two of its creditors.The company's liquidator
Coin Collecting Pty Ltd is in the process of being wound up in insolvency following the successful joint-application of two of its creditors.The company's liquidator has been closely investigating the directors' activities prior to the joint-application.One of the activities which is very concerning involved Jock, the company's managing director.The liquidator finds evidence that Jock had arranged for his father Billy to lend $80,000 to Coin Collecting Pty Ltd (as an unsecured loan).The liquidator also discovers that the agreed interest rate on that loan was 40% per annum (ten times the interest rate available for similar bank loans) and that in the seven months prior to the winding up, $50,000 including interest on the loan was paid to Billy.
Explain whether the liquidator can recover the $50,000 paid to Billy.
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