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Quartz Hill Consolidated Gold Mining Co v Eyre: CA 26 Jun 1883

The court considered whether an action lay without proof of special damage for maliciously presenting a winding up petition. Held: There was. Though there was no general cause of action for maliciously bringing civil proceedings without reasonable and probable cause, an action for malicious prosecution could, however, be brought in specific cases. The absence of … Continue reading Quartz Hill Consolidated Gold Mining Co v Eyre: CA 26 Jun 1883

Acts

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Re Button: 1905

A secured petitioner’s estimate of the value of his property was challenged. Held: The petitioner’s estimate was made ‘at his own risk’, in that, if at undervalue, he would still be bound by it in the bankruptcy; but that, provided the estimate was ‘real and not a sham’, it was not the function of the … Continue reading Re Button: 1905

Galbraith v Grimshaw and Baxter: HL 2 Jan 1910

Where a Scottish sequestration occurred shortly after an English garnishee order nisi, the judgment creditor prevailed over the trustee in bankruptcy, although the result would have been different if both the attachment and the bankruptcy had occurred in the same jurisdiction (whether England or Scotland). The attachment in England had not been completed, but the … Continue reading Galbraith v Grimshaw and Baxter: HL 2 Jan 1910

Re Badham ex parte Palmer: 1893

The debtor made payments to creditors after the bankruptcy petition had been presented, and after the act of bankruptcy. After the debtor had been adjudicated bankrupt the trustee in bankruptcy sought to recover the payments as fraudulent preferences. The application could not succeed on this ground, since the payments were made after presentation of the … Continue reading Re Badham ex parte Palmer: 1893

Re Hirth: CA 1899

The debtor, already in financial difficulties, transferred his business to a limited company which he had formed for the purpose. Within three months he committed an act of bankruptcy by failing to comply with a bankruptcy notice. He was adjudicated bankrupt and the trustee elected to impeach the transfer of the business as a fraudulent … Continue reading Re Hirth: CA 1899

In Re Izod: CA 1897

The debtor had presented his own petition and a receiving order was made upon it. An arrangement was later made under which the debtor’s father paid the creditors 10s. in the pound and the creditors released their debts. The creditors withdrew their . .

Mohammed Amin v Jogendra Kumar Bannerjee: PC 1947

The Board considered an action for malicious prosecution. Sir John Beaumont said: ‘The foundation of the action lies in abuse of the process of the court by wrongfully setting the law in motion, and it is designed to discourage the perversion of the machinery of justice for an improper purpose. The plaintiff must prove that … Continue reading Mohammed Amin v Jogendra Kumar Bannerjee: PC 1947

Foskett v McKeown and Others: HL 18 May 2000

A property developer using monies which he held on trust to carry out a development instead had mixed those monies with his own in his bank account, and subsequently used those mixed monies to pay premiums on a life assurance policy on his own life, vested in trustees for his children. After his death, the … Continue reading Foskett v McKeown and Others: HL 18 May 2000

Land Securities Plc and Others v Fladgate Fielder (A Firm): CA 18 Dec 2009

The claimants wanted planning permission to redevelop land. The defendant firm of solicitors, their tenants, had challenged the planning permission. The claimants alleged that that opposition was a tortious abuse because its true purpose was to pressure the claimants into relocating them. The claimants appealed against summary dismissal of their claim on the basis that … Continue reading Land Securities Plc and Others v Fladgate Fielder (A Firm): CA 18 Dec 2009