Ward v Aitken and Others ; Re Oasis Merchandising Services Ltd
Jurisdiction | England & Wales |
Judge | LORD JUSTICE PETER GIBSON |
Judgment Date | 09 October 1996 |
Judgment citation (vLex) | [1996] EWCA Civ J1009-5 |
Docket Number | CHANI 95/0971/B |
Court | Court of Appeal (Civil Division) |
Date | 09 October 1996 |
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57 cases
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Cohen v Davis
...of which the Respondents and Tan (i.e persons B and C in that formulation) have a common liability. 32 In Re Oasis Merchandising Ltd [1998] Ch 170, the following was stated (at p 182b-g) in the judgment of the Court of Appeal: " In re M.C. Bacon Ltd. [1991] Ch. 127 Millett J. was concerned ......
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Re ICP Strategic
...of DefenceUNK(2008), 121 Con. L.R. 26; [2008] All E.R. (D.) 249; [2008] EWHC 526 (TCC), followed. (8) Oasis Merchandising Ltd., In re, [1998] Ch. 170; [1997] 2 W.L.R. 764; [1997] 1 All E.R. 1009; [1997] 1 BCLC 689; [1997] BCC 282, applied. (9) Quayum v. Hexagon Trust Co. (C.I.) Ltd., 2002 C......
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Manolete Partners Plc v Hayward and Barrett Holdings Ltd
...meaning of paragraph 6 of Schedule 4 of the Act if it arose after the commencement of liquidation: Re Oasis Merchandising Services Ltd [1998] Ch 170. 10 The explanatory notes to the 2015 Act in relation to section 246ZD read as follows: “Section 118: Power for liquidator or administrator t......
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Stephen Paul Grant and Another v William Ralph Ralls and Others
...sum of £287,071. I shall return to consider that claim briefly at the end of the Judgment. 235 In Re Oasis Merchandising Services Limited [1998] Ch 170 it was held that any contribution which is declared to be payable under section 214 is not to be regarded as an asset of the company caugh......
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2 firm's commentaries
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The brewing controversy in Australia surrounding the application of the s 553C set-off defence to unfair preference claims
...for the benefit of unsecured creditors, among whom liquidators must distribute any recovery made (see Re Oasis Merchandising Services Ltd [1998] Ch 170 at 181-183 and Lewis v. Commissioner of Inland Revenue [2001] 3 All ER 499 at [36]-[37]). For this reason, insolvency set-off is not availa......
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Harneys Corporate Recovery Services Guides to The Insolvency Act 2003 - Part 3
...435(1)(a) 323 UK Companies Act 1989 section 165 324 Section 251 325 Re Yagerphone Ltd [1935] Ch 392; Re Oasis Merchandising Services Ltd [1998] Ch 170 326 Re M C Bacon Ltd (No. 2) [1990 BCLC 607; Re Floor Fourteen Ltd. [2001] 3 All ER 499† Harneys Craigmuir Chambers P.O. Box 71 Road Town To......
5 books & journal articles
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AT THE INTERSECTION OF PROPERTY AND INSOLVENCY: THE INSOLVENT COMPANY’S ENCUMBERED ASSETS
...Insolvency Law, supra n 33, ch 6. 38 And this also provides justification for the new IA 1986 s 176ZA. 39 [1983] 2 WLR 192 at 208. 40 [1998] Ch 170 at 181. See also Leyland Daf, [28]-[30]. 41 See, eg, the view of the majority of their honours in Commissioner of Taxation v Linter Textiles Au......
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Insolvency Law
...liquidators to sell statutory claims: see, for example, the English Court of Appeal's remarks in Re Oasis Merchandising Services Ltd[1998] Ch 170 at 186C. Indeed, recent legislative developments in England could possibly pave the way for similar reform in Singapore. As of 1 October 2015, ad......
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Limited Liability: Large Company Theory and Small Firms
...available to the unsecured creditors, not the holderof a charge – see for example Re Oasis Merchandising Services Ltd, Ward vAitken [1997] 1 All ER 1009(CA) cited by Farrar and Hannigan, ibid in support of this point; D. Milman, ‘Wrongful Trading Actions:Smoke without Fire?’ (1995) Palmer’s......
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UNSECURED CREDITOR VERSUS UNREGISTERED CHARGE
...13 ACLR 708 at 711; Labtec Sdn Bhd v Resilient Construction Sdn Bhd[1992] 2 MLJ 853 at 862F—G; Re Oasis Merchandising Services Ltd[1997] 2 WLR 764 at 773A—B. 12 Roberts Petroleum v Bernard Kenny Ltd [1983] 2 AC 192 at 208D—E; Re Lineas Navieras Bolivianas SAM, supra, note 11, at 675E—G. 13 ......
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