Ex parte James; Re Condon
| Jurisdiction | England & Wales |
| Court | Court of Appeal in Chancery |
| Judgment Date | 1865 |
| Date | 1865 |
| Year | 1865 |
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128 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
...operation of law in order to deprive a person of a benefit gained at the expense of another". 58I also would not extend the principle of Ex parte Jamessection 12 of the Finance Act 1978 ("the 1978 Act") relating to" bad debt relief" then became applicable. So far as material this section pr......
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Clark (A Bankrupt), Re, ex parte The Trustee v Texaco Ltd
... ... Ex parte James, In re Condon ( 1874 ) L.R. 9 Ch.App. 609 applied ... The following cases are referred to in the judgment: ... Cohen v. Mitchell ( 1890 ... ...
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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......
4 books & journal articles
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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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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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Company Law
...plaintiffs did not deny that a sum of US$85,790 was mistakenly paid by the bank. 7.59 Lee JC applied the principle in Ex parte James(1874) LR 9 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 ......
