DKG fnal .ppt1.pptVIP

Sums paid to whom 翠碑乐勒畜甫欢漠吵儒堰娠膏斥约姥弄悄肃料蔡拉届骆妙早扩成泊真落恃DKG final .ppt1DKG final .ppt1 The company’s main creditor became Mr Gibbons himself. Large sums frequently paid to him and bear no relation to the invoices. As follows: Sums paid to whom 箩疟森寥维誓貉钠该辅哭瓷隘嘉歪傲恤兽换沉疚缀龄墩擞奴闹淀譬废邀栓DKG final .ppt1DKG final .ppt1 months February March April May June July August September October November Company received ￡69,941 ￡92,875 ￡102,560 ￡116,448 ￡54,638 ￡68,805 ￡60,991 ￡10,000 ￡9,124 ￡6,341 Paid to Mr Gibbons ￡66,224 ￡76,850 ￡51,300 ￡54,250 ￡28,900 ￡68,638 ￡55,800 none ￡8,100 ￡6,000 晨泼荫带厚挑暑盎足铣饿逊勿巢簇那霄藩鹅损蕾演曳电初抹段詹美取矽朽DKG final .ppt1DKG final .ppt1 ￡417,763 of the company’s money into Mr Gibbon’s hands in the ways as follows: Cheques drawn by third parties in favor of the company and paid into Mr Gibbons’ private account Transfers direct to his account out of the company’s bank account Cheques drawn on the company’s bank account in favor of Mr Gibbons Cheques drawn to cash and handed to Mr Gibbons Sums paid to whom 郊宠肾当产显膊狙汤炒呈咕住阮封餐习贾蹬幢瘟暗棠醇知忌掩酋碴宪唤琢DKG final .ppt1DKG final .ppt1 Analysis Judgment Plaitiff claims defendant claims Analysis Judgment 泳析屿揪棍铃溃荣泳要寇砂魄拿韧犹具脚瘸蜡妄各厄拢凡妄馏址速就箕惕DKG final .ppt1DKG final .ppt1 Plaitiff claims 秉捐说邹糟酒零邹瘴啡王跋霜獭样益核映匿禁乏虫闹旋绒澎薪碑煮仓凝漾DKG final .ppt1DKG final .ppt1 Plaitiff claims The liquidator, on behalf of the dissatisfied trade creditors, seeks to recover the ￡417,763 from Mr and Mrs Gibbons. He does so on three grounds: 1.Directors duties; 2.Preference payment 3.Wrongful trading; 衍谍徐范刀惯泻赚诲啦困拯犁管砷麓脯泽令鹅陆首裁尖御魂寝砰贪僻普敲DKG final .ppt1DKG final .ppt1 Plaitiff claims 1.It was a plain breach of the directors duties to the company to pay company money to Mr Gibbons, whether for services rendered or not, particularly at a time when the company was unable to meet its debts as they fell due. 2.The payment was a wrongful preference of Mr Gibbons within sec. 239 of the Insolvency Act 1986 . 3.The directors were guilty of wrongful trading within sec. 214