Question
. The federal court granted an order to wind up Josh Pty Ltd on 1 August 2021, based on the winding-up application filed on 18
. The federal court granted an order to wind up Josh Pty Ltd on 1 August 2021, based on the winding-up application filed on 18 June 2021. Alex was appointed as the liquidator of the Josh Pty Ltd. Alex investigation of Josh Pty Ltd of books and records reveal the following.
Since September 2020 Josh Pty Ltd sales have been steadily falling and the new competitor in the market offering 100% organic seeds steadily encroaching on Josh Pty Ltd market share. This has resulted in the company's bank, ABC Ltd dishonouring Josh Pty Ltd cheques. Josh Pty Ltd renegotiating a larger bank overdraft and delays payments of its suppliers. A number of Josh Pty Ltd suppliers including Max Pty Ltd had contacted Josh Pty Ltd directors Priyanka and Jessica requesting payment or they would discontinue trading.
Alex is particularly interested in the following payments made on 5th February 2021. Simon, priyanka's husband received $250,000.
The payment to Simon was noted in Josh Pyt Ltd financial statement and as an employee bonus. However, Simon is employed on a part-time basis and work no more than 15 hours a week answering the telephone and performing bookkeeping functions. Max Pty Ltd, Josh Pty Ltd's oldest supplier received $150,000 being in full payment of the outstanding balance due on supply to Josh Pty Ltd. Alex estimates that the unsecured creditor of Josh Pty Ltd will receive no dividend from the liquidation of Josh Pty Ltd
Advise Alex to whether he has any ground to receive monies from Simon and Max Pty Ltd under part 5.7 B of the corporation act of 2001.
Please use the ILAC format to referring to Australian case law and section of corporation act 2001?
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started