Automatic set-off is not that automatic

MK Builders Pty Ltd v 36 Warrigal Road Pty Ltd & Ors [2014] VSC 149

The decision is significant because it confirms that a payment of a dividend to a creditor does not necessarily extinguish the company’s claim for the balance in fact owing to it.

Filed under:
Australia, Victoria, Insolvency & Restructuring, Litigation, The Commercial Bar Association of Victoria, Dividends, Debt, Victoria Supreme Court
Authors:
Justin S Mereine
Location:
Australia
Firm:
The Commercial Bar Association of Victoria