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Inner West Shop fitter loses $140K in Liquidation…. But could have been so much more!

At a recent meeting with a Shop fitter in the Inner West of Sydney, the owner explained that a large local Sydney Inner West business that they had done work for to the value of over $800K to date, went into liquidation. The company still owed the shop fitters $140K which was bad enough in itself. But then they received a demand from the liquidators demanding that the $660K that they had been paid from the liquidated company over the previous 6 months be paid back under the Claw Back provision in the Corporations Act.  

Talk about rubbing salt into the wounds. The preferential payment provision can be invoked by the Liquidator if the insolvent company has paid a creditor within the 6 months prior to the Liquidator being appointed.  

Fortunately for the Shop fitter, the Liquidator had made a fundamental error in their documentation, so with the aid of a Solicitor the Shop fitter managed to escape the Claw Back provision. In the end the shop fitter missed out on the $140K he was still owed and had an expensive legal bill to pay – but a lot less than the $660K they were up for if not successfully defended, which would have put them out of business.  

The moral of the story is, whether you’re based in Sydney’s Inner West or elsewhere in Australia, talk to EC Credit Control about how to protect your business from a costly and painful Preferential Payment claw back scenario.

 

Regional Contacts

New South Wales

Sydney 1300 362 070
Sydney Local Call 02 8905 4900
Corporate Collections Hotline 1300 961 916

Queensland

Brisbane 07 3145 0500

Victoria

Melbourne 03 8102 0500

South Australia

Adelaide 1300 361 070

Tasmania

Hobart 1300 438 332

Western Australia

Perth 08 6214 0500

ACT

Canberra 1300 438 332

Regional Manager – Inner West Sydney

 

Monika Chauhan EC Credit Control

Monika Chauhan
Area Manager
Inner West / Sutherland Shire
0417 664 160