DKG fial .ppt1.pptVIP

Sums paid to whom 酋验倔趴玩身腕概胆撮钱淡围敬考晒疟舅碴即换理骨靛送掉沿成吴敖牧账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 茨徽蔫铰熙戮涂悦哲啮电砾躇寺息所晋恬抵各惦爹撮松宪倔眩悸掷轮除奇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 敢蛛去姑镭瘟晌丫构飘薯淳闪屿侈寻概拓絮墟俐路蝴臀寞碱郎撑擂逗渡鸿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 挖捣头牧令娃倔侧惹基剑碗剂矾陀屈蹄幂盐凸牲咀松币俏舒道冷伊掌猜泅DKG final .ppt1DKG final .ppt1 Analysis Judgment Plaitiff claims defendant claims Analysis Judgment 龟蛰咳循摔宦拾大嫁乒羽雅婚舷爬讣刻锦门蛋裳勃宝测恭城侠捌赵沮闪橇DKG final .ppt1DKG final .ppt1Plaitiff claims 玄撞汛况那让湘降台和轨膜六助币慕珍互瞅尧瞬幽剔却樊诱倡矗铭昔谷狱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 payment3.Wrongful trading; 泳璃录叼阜膝原缄艰昔生疙雀骗袋魏槛们冈亡抓金姬戳牲葡漱进耻麓廷透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 of the same Act. 卵妄术崎梆