Unfair preferences - set offs still a 'thing'?

Earlier in the year, in its decision in Morton & Anor v Rexel Electrical Supplies Pty Limited [2015] QDC 49 the Court determined that a creditor is entitled to set off the amount of a debt owed to it against the amount of any unfair preference which it is found to have received.  This controversial conclusion seems to lead to a number of problematic outcomes. Read more here.

The decision was the subject of a recently determined appeal. Interestingly, the Appeal Court was not asked to consider the question of whether a preference claim can be met with an assertion of set-off, and so the position as determined at first instance remains unchallenged at this stage. 

Perhaps the New Year will present the Courts with an opportunity to have another look at this question and provide a more definitive answer.