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Severe downturn in business due to COVID-19 related restrictions has led to the liquidation in insolvency of Sailaway Pty Ltd, who runs sailing adventure tours.
Severe downturn in business due to COVID-19 related restrictions has led to the liquidation in insolvency of Sailaway Pty Ltd, who runs sailing adventure tours. The company's main operating plant and equipment comprised four sailing boats, which were leased or purchased using bank finance secured by non-circulating security interests. The boats have been returned to their lessors or sold by the bank as appropriate. All casual employees have been let go and there remains one full time office manager Marlin. The company directors and shareholders are Topaz and Ruby. Ellie, the liquidator, has determined that there are limited funds available to pay all the claims she has received. She has to determine which claimants are unsecured creditors and members entitled to receive a distribution and in which order. These are the claims she has received: Marlin: has been paid wages to date but is seeking unpaid holiday leave of $1,500. Marina: the marina where the boats were moored is owed unpaid mooring fees of $5,500. Dory: the unpaid supplier of office and catering consumables is owed $1,000. Topaz & Ruby: as members, are wondering whether they will receive a return of their paid up capital. Ellie: estimates her costs and fees of the winding up to be $5000. Guppies: the local junior sailing club seeks sponsorship by Sails Pty Ltd for the prize money for their regatta of $50. There is an order of priority in which the liquidator will distribute the company's funds. List in order of priority the order of distribution to unsecured creditors and members of Sails Pty Ltd and the relevant section as authority, as follows: First priority of payment is: according to section Second priority of payment is according to section according to section Third priority of payment is Fourth priority of payment is according to
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