Court of Appeal sends fraudulent conveyance and oppression claims for fresh trial
Transferring assets in the lead-up to an insolvency could expose debtors to two similar, but distinct claims from their creditors these being claims for oppression and fraudulent conveyance.
Disposing of assets on the eve of insolvency is likely to be met with a claim for oppression, fraudulent conveyance or both, especially if the transfers were made in the face of a legal claim from one of your creditors.
The test for fraudulent conveyance is potentially an easier one for creditors to meet than the one for oppression.