Brown v Brown & Anor

Brown v Brown & Anor

The transaction constituted a transfer at undervalue under s.339, but the court exercised its discretion to make no order, given the original intention that Mr. Brown have only a nominal interest and the circumstances of the purchase and subsequent conduct.

Parties
Claimant: Surjit K. Singla; Defendant: Rodney Thomas Lambton Brown; Defendant: Amanda Jane Malden-Browne
Jurisdiction
England and Wales
Judgment Date
01 March 2007
Procedural Posture
Bankruptcy Application / Judgment
Outcome
Application dismissed; no order made under s.339.
Legal Topics
Transaction at Undervalue, Trusts, Rectification, Discretionary Relief
Insolvency Property Law Transaction at Undervalue Trusts Rectification Discretionary Relief

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Parties

Surjit K. Singla

Claimant

Rodney Thomas Lambton Brown

Defendant

Amanda Jane Malden-Browne

Defendant

Procedural Posture

Bankruptcy Application / Judgment

Legal Issues

  1. 1 Whether the notice of severance and receipt fall within s.339 of the Insolvency Act 1986
  2. 2 Whether the court should exercise discretion to make no order under s.339

Ratio Decidendi

The transaction constituted a transfer at undervalue under s.339, but the court exercised its discretion to make no order, given the original intention that Mr. Brown have only a nominal interest and the circumstances of the purchase and subsequent conduct.

Court Disposition

Application dismissed; no order made under s.339.