Brady v Brady
| Jurisdiction | England & Wales |
| Judgment Date | 1987 |
| Date | 1987 |
| Year | 1987 |
| Court | Court of Appeal (Civil Division) |
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29 cases
- TAC Construction & Trading v Bennes Engineering Bhd
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The Federal Mogul Asbestos Personal Injury Trust v Federal-Mogul Ltd (formerly T&N Plc) and Others
...changed in one respect. After the Insolvency Event, the legitimate interests of T&N are exclusively those of its existing creditors ( Brady v Brady [1988] BCLC 20 at 40G). For these purposes, T&N's existing creditors include those who may be admitted as such by way of compromise, whether l......
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Yorkshire Bank Plc v Hall
...... 1726A–G ). . Dicta of Lord Oliver of Aylmerton in Brady v. Brady [ 1989 ] A.C. 755 , 783, H.L.(E.) applied. . (3) That in relation to its operation of the company's account, the lender owed no duty ......
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Kevin Hellard and Another v Horacio Luis De Brito Carvalho
...Ltd v Dodd [1988] BCLC 250 (CA) at 252h-253b; (b) " where the company is insolvent, or even doubtfully solvent": per Nourse LJ in Brady v Brady [1988] BCLC 20 (CA) at 40h-i; (c) " given the parlous financial state of the group, the directors had to have regard to the interests of creditors"......
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6 books & journal articles
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The director's duty to take into account the interests of company creditors: when is it triggered?
...in Jacob Ziegel (ed), Current Developments in International and Comparative Corporate Insolvency Law (1994) 485,486. (10) Brady v Brady (1987) 3 BCC 535, 552 (Nourse LJ). See Equiticorp Finance Ltd (in liq) v Bank of New Zealand (1993) 32 NSWLR 50, 146 (Clarke and Cripps (11) Kinsela v Russ......
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Wrongful Trading: An Impotent Remedy?
...Ltd [1990] BCC 600; Grantham R. (1991) 'Directors Duties and Insolvent Companies' 54 Modern Law Review 576. (52) See Brady v Brady [1988] BCLC 20 per Nourse LJ at pp. 40-41. (53) See Prudential Assurance Co. Ltd v Newman Industries Ltd (No. 2) [1982] Ch 204, CA at pp. 222-223. (54) See Re D......
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Supervision of the use of corporate power as the ultimate purpose of directorial duties and the advisability of corporate law enforcement in the public interest
...Pty Ltd v Kinsela (1983) 8 ACLR 384 402-404 SC(NSW); Kinsela v Russell Kinsela Pty Ltd (1986) 10 ACLR 395 401-402 CA(NSW); Brady v Brady [1988] BCLC 20 40 (CA); West Mercia Safetywear Ltd v Dodd [1988] BCLC 250 252-253 (CA); Australian Growth Resources Corporation Pty Ltd v Van Reesema (198......
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Incomplete contracts, contingent fiduciaries and a director's duty to creditors.
...a firm. (11) For further discussion, see Andrew Keay, Company Directors' Responsibilities to Creditors (2007) 181-4. (12) Brady v Brady (1987) 3 BCC 535, 552 (Nourse LJ) (13) The residual owners are those whose wealth directly rises or falls with changes in the value of the company: Douglas......
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