Forster v Wilson
Jurisdiction | England & Wales |
Date | 1843 |
Court | Court of Exchequer Chamber |
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27 cases
- Sime Diamond Leasing (M) Sdn Bhd v JB Precision Moulding Industries Sdn Bhd
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Re Lehman Brothers International (Europe) ((in Administration)) (No 4)
...purpose of insolvency set-off appears to me to point against implying any such restriction. As Parke B explained in Forster v Wilson (1843) 12 M & W 191, 204, the purpose of insolvency set-off is "to do substantial justice between the parties", which is reflected in the more recent analysis......
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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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Stein v Blake (No.2)
...of set-off in bankruptcy is not to avoid cross-actions, but to do substantial justice between the parties —see Forster v. Wilson (1843) 12 M. & W. 191, 204 —since it would be obviously unjust if the solvent party had to discharge his debt to the bankrupt's estate in full while being left on......
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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......