Re ARV Aviation Ltd
| Jurisdiction | England & Wales |
| Date | 1988 |
| Year | 1988 |
| Court | Chancery Division |
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7 cases
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Re Boonann Construction Pte Ltd
... ... Practically the same expression appears in s 15(5) of the English Insolvency Act 1986 which gives an administrator of a company (the English equivalent of a judicial manager) a similar power to sell assets subject to a security. This phrase was commented on by Knox J in Re ARV Aviation [1988] BCC 708 at 713 in the following terms: In my judgment, the expression `the sums secured by the security` covers not only the capital sum secured by the security but all interest properly payable thereunder and any costs which the proprietor of the security is entitled to add to his ... ...
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Capitol Films Ltd ((in Administration)), Re; Rubin (joint administrators of Capitol Films Ltd) v Cobalt Pictures Ltd
...Sale Contract would operate to transfer the Company's rights to the film to Exodus, then on the basis of the decision of Knox J. in Re ARV Aviation Limited [1989] BCLC 664, the Court should refuse to grant consent under paragraph 71 unless it could at least be satisfied that AIB would be pa......
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Re Ladbrokes (Ireland) Ltd
...rights and interests of the holders of fixed charges with the rights and interests of the other creditors: see Re ARV Aviation Ltd [1989] BCLC 664. On that type of issue, the court does not simply apply the Edennote approach and defer to the administrators' business judgment provided that i......
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Mark Grahame Tailby & Tyrone Shuan Courtman (as joint administrators of TPS Investments (UK) Ltd v Hutchinson Telecom FZCO
...be felt by those interested in the promotion of the purposes specified in the administration order if it is not: see Re ARV Aviation Ltd [1989] BCLC 664 at 668h-i per Knox J. 37. In the instant case, however, where the sole purpose of the administration was to achieve a return to secured cr......
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3 books & journal articles
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Table of Cases
...159 Apcoa Parking Holdings GmbH, Re [2014] EWHC 3849 (Ch) 23 Apton New Homes v Tack (unreported), 19 June 1998 81 AR v Aviation Ltd, Re (1988) 4 BCC 708 162 Arbuthnot Leasing International Ltd v Havelet Leasing Ltd (No 2) [1990] BCC 636 561 Ashworth v Munn (1880) 15 Ch D 363 199 Atlantic Co......
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Administration
...property ‘discharging the sums payable under the hire-purchase agreement’: IA 1986, Sch B1, para 72(3). 507 Re A R V Aviation Ltd (1988) 4 BCC 708, considering the equivalent power under IA 1986, s 15(2). 508 The principles to be taken into account in exercising the discretion to permit a s......
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Company Law
...net proceeds of the disposal shall be applied towards discharging the sums secured by the security. 7.42 Following Re ARV Aviation Ltd(1988) 4 BCC 708, Judith Prakash J held that the phrase “subject to the security” in s 227H(5) covered not only the capital sum secured by the security but a......