Henderson v. 3052775 Nova Scotia Ltd [2005] ScotCS CSIH_20 (18 February 2005)

Henderson v. 3052775 Nova Scotia Ltd [2005] ScotCS CSIH_20 (18 February 2005)

The contemporaneous documents incontrovertibly establish that the agreed consideration for the sale was £248,100, and there is no evidence that the assumption of £1.85m of debt formed part of the consideration at the relevant time; the defence is neither genuine nor authentic and summary decree is justified.

Citation
[2005] ScotCS CSIH_20
Parties
Pursuer and Respondent: Matthew Purdon Henderson; Defenders and Reclaimers: 3052775 Nova Scotia Limited
Jurisdiction
Scotland
Judgment Date
18 February 2005
Procedural Posture
Reclaiming Motion (appeal) / Decision on Summary Decree After Amendment and Further Hearing
Outcome
Reclaiming motion refused; interlocutor of the Lord Ordinary adhered to.
Legal Topics
Gratuitous Alienation, Summary Decree, Adequacy of Consideration, Reduction of Disposition, Liquidator's Powers
Insolvency Property Law Civil Procedure Gratuitous Alienation Summary Decree Adequacy of Consideration Reduction of Disposition Liquidator's Powers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Matthew Purdon Henderson

Pursuer and Respondent

3052775 Nova Scotia Limited

Defenders and Reclaimers

Procedural Posture

Reclaiming Motion (appeal) / Decision on Summary Decree After Amendment and Further Hearing

Legal Issues

  1. 1 Whether the disposition granted by Letham Grange Development Company Limited to the defenders was a gratuitous alienation under section 242 of the Insolvency Act 1986
  2. 2 Whether the consideration for the disposition included the assumption of £1.85m of debt in addition to the stated price of £248,100
  3. 3 Whether there was a genuine defence to the action justifying refusal of summary decree

Ratio Decidendi

The contemporaneous documents incontrovertibly establish that the agreed consideration for the sale was £248,100, and there is no evidence that the assumption of £1.85m of debt formed part of the consideration at the relevant time; the defence is neither genuine nor authentic and summary decree is justified.

Court Disposition

Reclaiming motion refused; interlocutor of the Lord Ordinary adhered to.

Orders

  • Summary decree of production and reduction of the disposition granted.
  • Defenders' pleas repelled.