Ex parte James; Re Condon
| Jurisdiction | England & Wales |
| Judgment Date | 1865 |
| Year | 1865 |
| Date | 1865 |
| Court | Court of Appeal in Chancery |
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122 cases
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Holder v Holder
...experience of any judge engaged in ascertaining the knowledge and intentions of a party to proceedings. 55 The principle is repeated in Ex parte James (1803) 8 Vesey's Reports page 337. The subject is dealt with in Snell's Equity (26th Edition) at page 259, where it is pointed out that the.......
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Re T. H. Knitwear (Wholesale) Ltd
...compulsion of law (viz. section 12 of the 1978 Act) thereby relieving the Company of a liability. Thirdly, he relied on the principle of Ex parte James (1874) L.E. 9 Ch.App. 17The Vice-Chancellor rejected all three grounds, saying (at page 375): "I would like to be able to hold in favour of......
- Re Ebner;Ebner v Official Trustee in Bankruptcy
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Re PCChip Computer Manufacturer (S) Pte Ltd (in compulsory liquidation)
...liquidators hold the money as constructive trustees for the benefit of the bank; and (3) under the principle in Ex p James, re Condon [1874] LR 9 Ch App 609, the court would order the liquidators to return the money.The first two grounds are related. They are based on the English decision i......
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1 firm's commentaries
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Good Samaritan payments subject to preference actions may be repaid in priority
...Finally, in dicta, the court in Dallen Design considered (but did not apply) the old English decision of Ex parte James: Re Condon ((1874) LR 9 Ch App 609) where it was held that money, which in equity, belongs to someone else ought to be returned to its rightful owner. The decision in Ex p......
8 books & journal articles
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Property of the Bankrupt
...amounts associated with post-discharge income is not distributed. See Gurniak , above note 226; Conforti (Re) , 2012 ONSC 2656. 243 (1874), LR 9 Ch App 609. 244 Re Tyler , [1907] 1 KB 865 . Property of the Bankr upt 127 Payments made on the basis of a mistake of law are now recoverable in a......
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Equity, Trust and Restitution
...the liquidators held the moneys as constructive trustees for the benefit of the bank; and (c) under the principle in Ex parte James(1874) LR 9 Ch App 609, the court should order the liquidators to return the moneys. Lee Seiu Kin JC, did not consider, in his written judgment, counsel”s submi......
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Challenging pre-bankruptcy dispositions: An Australian-South African comparison
...a trustee in bankruptcy is entitled to recover the property transferred, or, if the court so orders, the value of the property. 165 (1874) LR 9 Ch App 609. 166 James O'Donovan 'Undue Preferences: Some Innocents "Scape Not the Thunderbolt"' (1992) 22 Univ of Western Australia LR 322 at 330. ......
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Insolvency Law
...and caused loss only to the company. Position of voluntary liquidators 14.59 It will be recalled that the principle in Ex parte James(1874) LR 9 Ch App 609 is, put simply, that a liquidator should act honourably and do what is really honest, including refunding moneys paid to him under a mi......
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