A preference claim can only be brought by a trustee in bankruptcy (trustee).

For the court to declare that a transaction constituted a preference and grant relief the following conditions must be satisfied:

1. •

   the debtor has been adjudged bankrupt

2. •

   the transaction was entered into at the relevant time being:

   1. ◦

      within the six months before the date of the making of the bankruptcy application as a result of which the debtor is made bankrupt or the date of the presentation of the petition on which the debtor is made bankrupt, or

   2. ◦

      if the respondent is an associate of the debtor, within the two years prior to the making of the bankruptcy application as a result of which the debtor is made bankrupt or the date of the presentation of the petition on which the debtor is made bankrupt

3. •

   the recipient of the preference is one of the debtor’s creditors or a surety or guarantor for any of any of the debtor’s debts or liabilities

4. •

   the