Clark (A Bankrupt), Re, ex parte The Trustee v Texaco Ltd
| Jurisdiction | England & Wales |
| Date | 1975 |
| Court | Chancery Division |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
40 cases
- Re Ebner;Ebner v Official Trustee in Bankruptcy
-
Michael Johnathan Christopher Oldham v (1) Stephen Katz (acting as joint liquidator of MK Airlines)
...290 (Slade LJ). Less pejoratively, later cases refer to the behaviour only as needing to be “unfair”. 75 Thus in In Re Clark (A Bankrupt), ex parte The Trustee v Texaco Ltd [1975] 1 WLR 559, Walton J applied the rule to restrain a trustee from taking proceedings to recover sums paid to a th......
-
Mekarska v Ruiz and another
...290 (Mar). Butterworth v Souter [2000] BPIR 582. Clark (a bankrupt), Re, ex p the trustee of the property of the bankrupt v Texaco Ltd [1975] 1 All ER 453, [1975] 1 WLR 559. Condon, Re, ex p James (1874) 9 Ch App 609, [1874–80] All ER Rep 388. Coney (a Bankrupt), Re [1998] BPIR 333. Cornick......
-
Richard Heis v Financial Services Compensation Scheme Ltd
...it would be “unconscionable” for the officer to stand on his strict legal rights. 178 Walton J reviewed the authorities in Re Clark [1975] 1 WLR 559. He repeatedly in his judgment expressed the relevant test as one of unfairness. So, for example, at p.563, he said: “Stating the matter in ve......
Request a trial to view additional results
1 firm's commentaries
-
Good Samaritan payments subject to preference actions may be repaid in priority
...decisions which have established four conditions to satisfy the rule (Re Clark; Ex Parte Trustee of property of bankrupt v Texaco Ltd [1975] 1 WLR 559 at 563-4). The four conditions were considered in the present context as The bankrupt or company in liquidation receives some form of enrich......
2 books & journal articles
-
Insolvency Law
...payment to the Indonesian company. Lee Seiu Kin JC granted the application. 14.24 Lee JC referred to the four factors in Re Clark[1975] 1 WLR 559 which he had, in Re PCChip, found to be helpful guides to the application of the Ex parte James principle. These four factors are as follows: fir......
-
Company Law
...Ch App 609 out of which four conditions were distilled and applied by Walton J in Re Clark (a bankrupt), ex p the trustee v Texaco Ltd[1975] 1 All ER 453. Applying the first condition, that there be an enrichment of the estate, Lee JC found that this was clearly met. The second condition wa......