Peak indebtedness and preferences – an Australian authority now “offering a considered analysis of the rule”
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The High Court of Australia has found that the peak indebtedness rule has no place in Australian law in the calculation of the amount claimable as a preference: Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2 (8 February 2023) (austlii.edu.au) The New Zealand Court of Appeal said as much in its 2015 decision […]