On Sky Enterprise (HK) Ltd v Lanco International Holdings Ltd; On Sky Enterprise (HK) Ltd v Leung [2025] NSWSC 1599 — Agreements In Fraud Of Third Parties & Bankruptcy — Barrister AI
On Sky Enterprise (HK) Ltd v Lanco International Holdings Ltd; On Sky Enterprise (HK) Ltd v Leung
› Where a married couple entered into a separation agreement to split property
› Whether such a division of property included alienation of property from one partner to the other with the intention to defraud creditors
› HELD the alienation of property from alienor to their partner was made with the intention to defraud creditors under s 37A
Bankruptcy
› Property divisible among bankrupt’s creditors
› Exceptions
› Property held by bankrupt on trust
› Whether property was held by a debtor on resulting trust for his partner
› Whether the reasoning in Calverley v Green should be expanded
› HELD no grounds for a resulting trust existed
Equity
› Assignment
› General principles
› Where one debtor entered into a deed of assignment releasing them from certain liabilities
› Where it was asserted that those liabilities were jointly owed by another debtor
› Whether the deed of assignment had the effect of releasing both debtors
› HELD the liabilities were both joint and several, and therefore even if the assertion that the deed of assignment released the debtor who entered into it, it could not release the other debtor
Restitution
› Restitution for wrongdoing
› Equity
› Account of profits
› Whether plaintiff was entitled to an account of profits for the rent paid for a property which it asserted an interest in
Case Details
Citation[2025] NSWSC 1599
CourtNSWSC
JurisdictionNew South Wales
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