Bryant v Badenoch Integrated Logging Pty Ltd

HIGH COURT OF AUSTRALIAKIEFEL CJ,GAGELER, GORDON, EDELMAN, STEWARD, GLEESON AND JAGOT JJDANIEL MATHEW BRYANT & ORS  APPELLANTSANDBADENOCH INTEGRATED LOGGING PTY LTD            RESPONDENTBryant v Badenoch Integrated Logging Pty Ltd[2023] HCA 2Date of Hearing: 18 October 2022Date of Judgment: 8 February 2023A10/2022ORDER1. The appeal be dismissed.2. Special leave be granted to the respondent to cross-appeal to this Court from part of the judgment and order of the Full Court of the Federal Court of Australia given and made on 24 June 2021.3. The cross-appeal be dismissed.4. The appellants pay the respondent's costs of the appeal and the respondent pay the appellants' costs of the cross-appeal, such costs to be set off against each other. On appeal from the Federal Court of AustraliaRepresentationB W Walker SC with B M Gibson for the appellants (instructed by Johnson Winter & Slattery)M G R Gronow KC with R G Morison for the respondent (instructed by Scanlan Carroll Lawyers)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSBryant v Badenoch Integrated Logging Pty LtdCorporations – Winding up ­– Insolvency – Voidable transactions – Unfair preferences – Construction of s 588FA(3) of Corporations Act 2001 (Cth) – Where appellants liquidators of debtor company – Where respondent entered into agreement to supply services to debtor company for harvesting and hauling timber – Where respondent continued to provide services to debtor company despite debtor company's increasing indebtedness – Where liquidators applied to have series of payments made by...