Books kept under s 286(1) of the Corporations Act satisfy the requirement of being kept 'under a requirement of the Act' for the purposes of s 1305(1), even where the company is a small proprietary company not required to prepare financial reports under s 292. An agreement to pay interest on intercompany loans may be inferred from a course of dealing where interest was calculated, accrued and recorded in the accounts of both companies over an extended period. Loan confirmation letters prepared as a matter of course for auditors and signed without checking may be given no weight where they are inconsistent with the accounting records.
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