Buzz and Neil are the directors of Moon Pty Ltd. Moon Pty Ltd has been experiencing financial difficulty for some time. Indeed, the company received a report from its accountant stating that it was insolvent. Buzz and Neil decide to place the company into voluntary administration. Immediately prior to appointing the voluntary administrator, Buzz transferred a motor vehicle owned by the company into his own name. The company was subsequently place into liquidation. The liquidator is desirous of recovering the car or its value from Buzz. Which of the following is most accurate?
A) It is unlikely the liquidator would be able to recover the motor vehicle because directors have broad powers under section 198A of the Corporation Act and this would certainly include the power to transfer property owned by the company;
B) The liquidator may be able to recover the motor vehicle on the basis that the transfer constituted an avoidable unfair preference;
C) The liquidator may be able to recover the motor vehicle on the basis that the transfer constituted an avoidable uncommercial transaction;
D) The liquidator may be able to recover the motor vehicle on the basis that the transfer constituted an avoidable unreasonable director-related transaction;
E) All of the above;
F) (c) and (d) could both be correct.
Correct Answer:
Verified
Q9: Once a company is deregistered, the company
Q10: A compulsory winding up arises from a
Q11: Which of the following parties can bring
Q12: Which of the following is not a
Q13: Which of the following are grounds for
Q15: Which are the following are voidable transactions
Q16: The Corporations Act provides a creditor with
Q17: What are the steps involved in (a)
Q18: What is the main distinction between a
Q19: Who can apply for a compulsory winding
Unlock this Answer For Free Now!
View this answer and more for free by performing one of the following actions
Scan the QR code to install the App and get 2 free unlocks
Unlock quizzes for free by uploading documents