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Commercial Law

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Question:

What does the key case of Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd establish?

Author: Kuba Pastula



Answer:

The principle has two key aspects, of which the Supreme Court of the United Kingdom ruled that only the first was relevant on the facts of the case: 1 The anti-deprivation rule, which is aimed at attempts to withdraw an asset on bankruptcy or liquidation or administration, thereby reducing the value of the insolvent estate to the detriment of creditors. 2 The pari passu rule, which reflects the principle that statutory provisions for pro rata distribution may not be excluded by a contract which gives one creditor more than its proper share


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