Forster v Wilson
| Jurisdiction | England & Wales |
| Court | Court of Exchequer Chamber |
| Date | 1843 |
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25 cases
- Sime Diamond Leasing (M) Sdn Bhd v JB Precision Moulding Industries Sdn Bhd
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HIH Casualty and General Insurance Ltd, Re; McGrath and Others v Riddell and Another
...to produce what English law has considered for a very long time to be a result required by justice: see, for example, Forster v Wilson (1843) 12 M&W 191 at 204 per Parke B. In contrast, Luxembourg law contained no such set-off provisions which it regarded as conflicting with the pari passu ......
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HIH Casualty and General Insurance Ltd v JLT Risk Solutions Ltd
...appear to have been entirely governed by English law, which regards set off as a matter of substantial justice between the parties: see Forster v Wilson (1843) 12 M & W 191, 204. The court of the principal winding up in Luxembourg had made it clear that it was going to apply its lex fori a......
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Coca-Cola Financial Corporation v Finsat International Ltd and Others
...these statutes were enacted partly to provide protection against imprisonment for debt but, as Parke B explained in Forster v. Wilson (1843) 12 M & W 191 at 203, "the purpose of the right of set off between solvent parties, as opposed to the right of set off in bankruptcy, was to prevent cr......
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2 books & journal articles
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SECURITY DEPOSIT ARRANGEMENTS IN INSOLVENCY
...and if so, it should be the decision in MS Fashions which should be reconsidered: supra, note 12, at 654C—D. 130 Forster v Wilson (1843) 12 M&W 191 at 204. This rationale has been endorsed on many occasions by the highest courts: see, for example, Gye v McIntyre(1991) 171 CLR 609 at 618—9 a......
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TRUST FUNDS, ASCERTAINABILITY OF BENEFICIAL INTEREST AND INSOLVENCY SET-OFF
...National Safety Council of Australia Victorian Division, supra, note 11, at 508. 22 Ibid, at 515. 23 Ibid, at 522. 24 Forster v Wilson (1843) 12 M & W 191 at 204; Gye v Mclntyre(1991) 171 CLR 609 at 618—9; Stein v Blake, supra, note 2, at 713. 25 Lloyds Bank NZA Ltd v National Safety Counci......