Re Yagerphone Ltd

Money recovered by a liquidator from a creditor who received a fraudulent preference is held for the general body of creditors, not for a debenture holder with a floating charge.

Citation
[1935] Ch 392
Court
Chancery Division
Year
1935
Subject
Company Law
Topic
Company charges, insolvency and disqualification

Facts

Yagerphone paid a creditor shortly before going into liquidation, which was held to be a fraudulent preference. The liquidator recovered the money from the creditor. The holder of a debenture secured by a floating charge over all the company's assets claimed the recovered money, arguing that it was covered by its charge.

Legal principle

Bennett J held that the recovered money was not subject to the floating charge, and that it was held by the liquidator for the general body of unsecured creditors. The right to recover a fraudulent preference was a right conferred by statute on the liquidator, for the benefit of the creditors generally, and the money recovered had never been part of the company's property covered by the charge. The principle has been applied to recoveries for wrongful trading and other claims that only a liquidator can bring.

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