hii have been working part-time for a company that has just gone into receivership - as i am the daughter of a director i was not paid my final weeks pay up until the date of the receivership or my accrued holiday pay from december 2011 until the date of receivership - i have been shown the clause in the receivership act which points to the companies act and a clause on liquidation which also applies to my situation - i am satisfied that this is correct however there is another employee who is the father-in-law of another director - by law in the same situation as i am - but he was paid!! - he too should be a creditor with an unsecured claim against the company and should not have been paid according to the preferential claims section of the receivership act - is there anything i can do?? - if he has been paid "out of order" according to the order in which a receiver "must" pay then do i have the right to be paid also?? - i would appreciate your helpcheersrobyn murray
Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
If he was paid unlawfully the receiver must demand the money back. The priorities are same as a liquidation, as you have been advised, and the receiver should be told so he/she can take steps to get the money back.
The receiver has an obligation to maximise the return for the secured creditors and therefore any irregular payments like this must be recovered. If the receiver demands that he return the money and he refuses the receiver could bring a claim. In practical terms if this is a small amount of money he may not, but he certainly should make demand. The cost of litigation would make this uneconomic if it was just a few hundred dollars, unless he decided as a matter of principle
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