David John Olifent v WorkCover Corporation of South Australia No. SCGRG 95/1564 Judgment No. 5894 Number of Pages 23 Corporations Workers' Compensation

In the Supreme Court of South Australia, the case of David John Olifent v WorkCover Corporation of South Australia No. SCGRG 95/1564 was heard. The plaintiff, a liquidator, sought to recover payments made by Ceiling and Roofing Products Pty Ltd (C&RP) to the WorkCover Corporation, which the plaintiff alleged were preferential payments made while C&RP was insolvent. The WorkCover Corporation contended that the payments were not preferential, arguing they were made in good faith, in the ordinary course of business, and that the levies were a tax, exempting them from being considered preferences. The court found that C&RP was indeed insolvent and that the payments constituted preferences. The court further determined that the WorkCover Corporation did not act in good faith as they had reason to suspect C&RP's insolvency. Additionally, the court held that the levies were not a tax, as they did not meet the criteria for being considered a tax under the law. Consequently, the liquidator was entitled to recover the preferential payments made by C&RP to the WorkCover Corporation on and after 18 February 1993. Judgment was entered in favour of the plaintiff.