Ward v Aitken and Others ; Re Oasis Merchandising Services Ltd

JurisdictionEngland & Wales
JudgeLORD JUSTICE PETER GIBSON
Judgment Date09 October 1996
Judgment citation (vLex)[1996] EWCA Civ J1009-5
Docket NumberCHANI 95/0971/B
CourtCourt of Appeal (Civil Division)
Date09 October 1996
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57 cases
  • Cohen v Davis
    • United Kingdom
    • Chancery Division
    • 6 April 2006
    ...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 ......
  • Re ICP Strategic
    • Cayman Islands
    • Grand Court (Cayman Islands)
    • 4 April 2014
    ...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......
  • Manolete Partners Plc v Hayward and Barrett Holdings Ltd
    • United Kingdom
    • Chancery Division
    • 2 June 2021
    ...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......
  • Stephen Paul Grant and Another v William Ralph Ralls and Others
    • United Kingdom
    • Chancery Division
    • 11 February 2016
    ...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
5 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
    ...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......
  • Insolvency Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2015, December 2015
    • 1 December 2015
    ...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......
  • Limited Liability: Large Company Theory and Small Firms
    • United Kingdom
    • Wiley The Modern Law Review No. 63-3, May 2000
    • 1 May 2000
    ...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......
  • UNSECURED CREDITOR VERSUS UNREGISTERED CHARGE
    • Singapore
    • Singapore Academy of Law Journal No. 1998, December 1998
    • 1 December 1998
    ...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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