- Cited — Robert Nicholas Jason Scholfield & Anor. v Matthew David Smith & Anor. 2022-06-21
“…Does (or might) the principle established in Ex p James (1874) LR 9 Ch App 609 bar the JAs from relying on any release for which the Settlement Agreement provided?…”
- Considered — Brake & Ors v Lowes & Ors 2020-11-13
“…The judge also considered Re Condon, ex parte James (1874) LR 9 Ch App 609, in which it was held that the court should not allow its officers to behave in an unfair manner. He found this could not justify interference in the insolvenc…”
- Cited — 365 Business Finance Ltd v Bellagio Hospitality WB Ltd & Anor 2020-05-06
“…ted written submissions after the hearing. This was whether the court’s jurisdiction over officers of the court recognised in the case of Ex parte James (1874) LR 9 Ch App 609 and subsequent authorities is applicable and should be exercised in this case.…”
- Cited — 365 Business Finance Ltd v Bellagio Hospitality WB Ltd & Anor 2020-05-06
“…In Ex parte James (1874) LR 9 Ch App 609 the sheriff had seized and sold goods under a writ of fi fa and paid the proceeds to the judgment creditor. Afterwards the debtor was adjudicated bankrupt and …”
- Cited — Lehman Brothers Australia Ltd v MacNamara & Ors 2020-03-04
“…LBA sought the direction either under the inherent jurisdiction of the court to control its officers, in accordance with the principle in Ex parte James (1874) LR 9 Ch App 609, or under paragraph 74 of schedule B1 to the Insolvency Act 1986.…”
- Applied — Lehman Brothers Australia Ltd v MacNamara & Ors 2020-03-04
“…Condon (1874) LR 9 Ch App 609 may apply, such as ‘a point of moral justice’, ‘dishonest’, ‘dishonourable’, ‘unworthy’, ‘unfair’ and ‘shabby’. Those words are not words of art at all. They a…”
- Applied — Lehman Brothers Australia Ltd v MacNamara & Ors 2020-03-04
“…“122 As to the common law, there are a number of cases, starting with Ex p James; Inre Condon (1874) LR 9 Ch App 609, in which a principle has been developed and applied to the effect that “where it would be unfair” for a trustee in bankruptcy “to take full advantage of his l…”