belmont park investments pty ltd v bny corporate trustee services ltdの例文
- The Court referred to the recent decision of the Supreme Court in " Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd " [ 2011 ] UKSC 38 and held that relevant test was to consider each transaction on its merits to see whether the shift in interests complained of could be justified as a genuine and justifiable commercial response to the consequences of insolvency.
- "Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd and Lehman Brothers Special Financing Inc " observed that the general principle consists of two subrules the anti-deprivation rule and the " pari passu " rule, which are addressed to different mischiefs and held that, in borderline cases, a commercially sensible transaction entered into in good faith should not be held to infringe the first rule.
- It was nevertheless void . " Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd and Lehman Brothers Special Financing Inc " observed that the general principle consists of two subrules the anti-deprivation rule ( formerly known as " fraud upon the bankruptcy law " ) and the " pari passu " rule, which are addressed to different mischiefs and held that, in borderline cases, a commercially sensible transaction entered into in good faith should not be held to infringe the first rule.