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United Kingdom Leading Case transactions at undervalue

Re Paramount Airways Ltd (No 2)

[1993] Ch 223
JurisdictionUnited Kingdom
CourtCourt of Appeal (England & Wales)
Year1993
StatusBinding authority

Summary

Transactions at undervalue under s.238 Insolvency Act 1986 may be set aside where company was unable to pay its debts at the time; court has wide discretion as to remedy.

Key Principle

Transactions at an undervalue under s.238 of the Insolvency Act 1986 can be set aside if the company entered into them at a time when it was unable to pay its debts and the transaction was at an undervalue; the court has a wide discretion as to the order to make.

Area of Law

insolvency

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Stubbings v Jams 2 International Pty Ltd (2022) 399 ALR 409

In unfair preference claims, payments and supplies within a continuing business relationship are assessed as a whole under the running account principle, not individually.

Stubbings v Jams 2 Pty Ltd (2022) 276 CLR 233

HCA held that a creditor's statutory demand under s.459E Corporations Act cannot be set aside merely because the company disputes the debt; a genuine dispute on substantial grounds must be shown.

Vince v ASIC [2021] FCAFC 69

Director disqualification upheld where director failed to maintain adequate books and records, constituting misconduct in management of insolvent company.

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