Re Pyle Works

JurisdictionEngland & Wales
Date1889
CourtCourt of Appeal
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10 cases
  • The Joint Administrators of LB Holdings Intermediate 2 Ltd ((in Administration)) and Others v Anthony Victor Lomas and Others
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 14 May 2015
    ...to the assets of the company is itself the property of the company. Webb v Whiffin (1872) LR 5 HL 711 was considered by this court in Re Pyle Works (1889) 44 Ch D 534 and I consider that we are bound by the interpretation placed upon Webb v Whiffin in Re Pyle Works. At 574 Cotton LJ said: "......
  • COSCO BULK CARRIER Company Ltd v ARMADA SHIPPING SA and Another
    • United Kingdom
    • Chancery Division
    • 11 February 2011
    ...is not the subject matter of the charge, but only its equity of redemption in relation to it: see Re David Lloyd & Co (1887) 6 Ch D, Re Pyle Works Ltd (1890) 44 Ch D 534 and, more recently, Buchler v. Talbot [2004] 2 AC 298 at pages 308 and 313. The result is that, by contrast with an admin......
  • Re Lehman Brothers International (Europe) ((in Administration)) (No 4)
    • United Kingdom
    • Supreme Court
    • 17 May 2017
    ...of the company in question, but of its administrator or its liquidator. That was an argument which concerned Lewison LJ in the light of In re Pyle Works (1890) 44 Ch D 534, where it was held that the power to call on contributories is not part of the capital of the company — see at pp 575, ......
  • Re Lehman Brothers International (Europe) ((in Administration))
    • United Kingdom
    • Chancery Division
    • 14 March 2014
    ...be the subject of set-off against a debt due from the company. 209 These observations were disapproved by Cotton LJ and Lindley LJ in In re Pyle Works (1889) 44 Ch D 534. The case concerned a mortgage of the uncalled amounts on some partly paid shares and all the present and future property......
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3 books & journal articles
  • AT THE INTERSECTION OF PROPERTY AND INSOLVENCY: THE INSOLVENT COMPANY’S ENCUMBERED ASSETS
    • Singapore
    • Singapore Academy of Law Journal No. 2008, December 2008
    • 1 December 2008
    ...50). Section 127 of the UK Act is discussed in detail in Mokal, “What Liquidation Does”, supra n 7. 61 See, eg, Re Pyle Works Ltd(1890) LR 44 Ch D 534, In re Central Sugar Factories of Brazil[1894] 1 Ch 369 and In re Potters Oils Ltd[1986] 1 WLR 201, and the discussion of this in Mokal, “Wh......
  • Land Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2010, December 2010
    • 1 December 2010
    ...Ironworks Co; Ex parte Grissell (1875) 3 Ch D 411 at 427; Re David Lloyd & Co (1877) 6 Ch D 339 at 344-345; Re Pyle Works (No 1) (1890) LR 44 Ch D 534 at 577-578 and Buchler v Talbot [2004] 2 AC 298 at [51], only a company“s unencumbered or free assets are available, upon liquidation, for d......
  • What Liquidation Does For Secured Creditors, And What It Does For You
    • United Kingdom
    • The Modern Law Review No. 71-5, September 2008
    • 1 September 2008
    ...It cannot seriously be argued thats ecuredl iabilities are excludedfrom theambit of these provisions.88 See eg Re PyleWorks Ltd (1890) LR 44 Ch D 534.89 AW, 311.90 AW, 321.91 IA, s 125(1);‘there is no doubt that the court has jurisdiction to make awindi ng-up order in cir-cumstances in whic......

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