A liquidator seeking to avoid a transaction as uncommercial under s 588FB(1) of the Corporations Act must adduce acceptable evidence of both the value of the property transferred and the value of the consideration received. Tentative and qualified opinion evidence as to value is insufficient. Where the consideration consists of assumption of liabilities, the liquidator must establish the quantum of those liabilities. A liquidator without funds or cooperation from directors may rely on Jones v Dunkel inferences, but must still produce some evidence from which inferences can be drawn.
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