s 362 Unfair preferences
362.—(1) Subject to this section and sections 363 and 365, where an individual is adjudged bankrupt and the individual has, at the relevant time (as defined in section 363), given an unfair preference to any person, the Official Assignee may apply to the Court for an order under this section. (2) The Court may, on such an application, make such order as it thinks fit for restoring the position to what it would have been if that individual had not given that unfair preference. (3) For the purposes of this section and sections 363 and 365, an individual gives an unfair preference to a person if —(a) that person is one of the individual’s creditors or a surety or guarantor for any of the individual’s debts or other liabilities; and (b) the individual does anything or suffers anything to be done which (in either case) has the effect of putting that person into a position which, in the event of the individual’s bankruptcy, will be better than the position that person would have been in if that thing had not been done. (4) The Court must not make an order under this section in respect of an unfair preference given to any person unless the individual who gave the preference was influenced in deciding to give it by a desire to produce in relation to that person the effect mentioned in subsection (3)(b). (5) An individual who has given an unfair preference to a person who, at the time the unfair preference was given, was an associate of the individual (otherwise than by reason only of being the individual’s employee) is presumed, unless the contrary is shown, to have been influenced in deciding to give it by such a desire as is mentioned in subsection (4). (6) The fact that something has been done pursuant to the order of a court does not, without more, prevent the doing or suffering of that thing from constituting the giving of an unfair preference.