The company sought to finance its stock. It first sold it to a finance company, then repurchased it on terms including a retention of title clause.
Held: The whole transaction was, in its nature, a charge on the company’s assets, and as such was registerable as a company charge.
Judges:
Knox J
Citations:
[1990] BCLC 925
Cited by:
Cited – Dutton and Another v Davis and Another CA 4-May-2006
The appellant had transferred his property with the intention that it should be subject to a right on his part to repurchase it. He now said the sale was in practice merely a charge.
Held: The appeal failed. The legal nature of the transaction . .
Lists of cited by and citing cases may be incomplete.
Equity, Land, Company
Updated: 01 May 2022; Ref: scu.242530
