Bailey and another v Angove's Pty Ltd

Insolvency – Agent. D&D company acted as the sole agent and distributor of the respondent company, AP. D&D went into administration and AP terminated its agency and distribution agreement (ADA) with D&D. After the ADA had been terminated, third party customers paid D&D the purchase price of goods sold and delivered during D&D's agency and distributorship (the sum). The judge ordered that the sum should be paid to AP in its entirety and the appellant liquidators of D&D appealed. Allowing the appeal, the Court of Appeal, Civil Division, held that, under the terms of the ADA, D&D had remained entitled to collect what had been due from customers in respect of goods ordered and delivered prior to termination and the money had therefore been payable under the ADA to the liquidators.

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