Re Fairway Magazines Ltd sub nom Fairbairn v Hartigan

JurisdictionEngland & Wales
CourtChancery Division
Year1993
Date1993

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26 cases
  • Re Oxford Pharmaceuticals Ltd sub nom Wilson and another v Masters International Ltd and another
    • United Kingdom
    • Chancery Division
    • 10 July 2009
    ...by a desire to better the position of MIL (or Dr Masters) in the event of an insolvent liquidation, cf. the facts of Re Fairway Magazine Limited [1993] BCLC 643 as considered by Mummery J at 649j-650c. 82.5 However, by April 2001, the position in relation to Curaderm had become that much mo......
  • Tam Chee Chong v DBS
    • Singapore
    • High Court (Singapore)
    • 18 November 2010
    ...the minds of those who made the decision”: Re Bacon, at 336. Re Bacon was followed in the English decision of Re Fairway Magazines Ltd [1993] BCLC 643. That case concerned the question whether a debenture granted by a company was a voidable preference. Mummery J stated, at 649, that: … it d......
  • ECRC Land Pte Ltd v Ho Wing on Christopher and Others
    • Singapore
    • High Court (Singapore)
    • 27 November 2003
    ...and reasonable belief that they were for the best interests of the company: at [49].] Fairways Magazines Ltd, Re; Fairbairn v Hartigan [1993] BCLC 643 (folld) Intraco Ltd v Multi-Pak Singapore Pte Ltd [1994] 3 SLR (R) 1064; [1995] 1 SLR 313 (folld) Libra Industries Pte Ltd, Re [1999] 3 SLR ......
  • Carton-Kelly v Darty
    • United Kingdom
    • Chancery Division
    • 17 November 2022
    ... ... leading up to the execution of the debenture and that in Re Fairway Magazines Ltd [1992] BCC 924 (which also concerned a debenture) the ... ...
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5 books & journal articles
  • Chapter 16: Winding up and dissolution of a company
    • United Kingdom
    • Taylor and Francis Unlocking Company Law
    • Invalid date
    ...presumed to have existed if the preference has been granted to a connected person (s 239(6)). It can, however, be rebutted (Re Fairway Magazines Ltd [1993] BCLC 643). We do not desire every necessary consequence of our actions (Re MC Bacon Ltd [1990] BCLC 324, especially per Millet J (as he......
  • Insolvency Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2010, December 2010
    • 1 December 2010
    ...position, the security interest granted will not be regarded as an unfair preference: Re Fairway Magazines Ltd, Fairbairn v Hartigan [1993] BCLC 643 (‘Fairway Magazines’). The court, however, emphasised that it was crucial that a positive wish to improve the creditor“s position was absent. ......
  • Chapter 20: Debentures and the law of mortgages
    • United Kingdom
    • Taylor and Francis Bourne on Company Law
    • Invalid date
    ...his associates control. The charged property cannot be used for securing certain debts but the debts are still payable. In Re Fairway Magazines Limited [1993] BCLC 643, also considered below, a floating charge was created in favour of a director. The company subsequently went into insolvent......
  • Table of UK cases
    • United Kingdom
    • Taylor and Francis Unlocking Company Law
    • Invalid date
    ...Insurances Ltd v Scattergood [2003] 1 BCLC 598 at [138] 358 Facia Footwear Ltd v Hinchcliffe [1998] 1 BCLC 218 349, 351 Fairway Magazines Ltd, Re [1993] BCLC 643 481 FHR European Ventures LLP v Cedar Capital Partners Co Ltd [2014] UKSC 45 (SC) 377, 387, 391 FHR European Ventures LLP v Manka......
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