Chancery Division
Singla
v
Brown and another
[2007] EWHC 405 (Ch)
2007 Feb 6, 7;
March 2
Thomas Ivory QC sitting as a deputy High Court judge
BankruptcyTransaction at undervalueApplication to set asideProperty purchased by second defendant but held by her and first defendant as joint tenantsIntention that first defendant have only nominal interest in propertyFirst defendant making no contribution to purchaseFirst defendant signing receipt of notice of severance served by second defendant accepting he held 1% of beneficial interest in property as tenant in commonFirst defendant made bankruptTrustee in bankruptcy applying for order to set aside transfer as transaction at undervalueWhether service of notice of severance and execution of receipt constituting transaction at undervalueWhether court having discretion to make no order notwithstanding fact that transaction at undervalue Insolvency Act 1986 (c 45), s 339
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