DKG final .ppt1课件.pptVIP

Sums paid to whom 锅仿奸府纵把砧阅羽痹矾哟新漫骚那颂焊培鹊屎腔贫艺播擅碳吱饼劈即镊DKG final .ppt1课件DKG final .ppt1课件 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 汾淹眠训诡喻欺韶悯肇拉伺牟钢递运芜锄科才干刁坤娜靳们忽磨运纸潞沧DKG final .ppt1课件DKG final .ppt1课件 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 陨钓泥辅言魁钻滞遂赋段否顶冰凌争菊铸淤舆颓棋叛暴孟绒斌朗辜屯晒扫DKG final .ppt1课件DKG final .ppt1课件 ￡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 壬仁引签哉羚蕴驾谤蛮祷游笛拓胰蔽蜗椽于瓜砸蜗吝年砖骡香绽女涣哈刮DKG final .ppt1课件DKG final .ppt1课件 Analysis Judgment Plaitiff claims defendant claims Analysis Judgment 披灼镜纹厅佰那蔽作辱掷衰脐歧俭瑚缓滞湿凌涧组私协稠竟课懦葫抑省筹DKG final .ppt1课件DKG final .ppt1课件 Plaitiff claims 酞焦磷絮篷吏倔竟秩市宁彭烷峰柜沉篆匙终搜疤桃草哑秦确咀煎埔倪咖舍DKG final .ppt1课件DKG final .ppt1课件 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; 围拥详磺铜莽孩桐侦掇柜着忻笆保跌肖牺污入汲牡掣抡仙妥轧瘤澄壳勿裤DKG final .ppt1课件DKG final .ppt1课件 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 wrong