Counsel referred to the Canadian case R v Consolidated Churchill Copper Corp Ltd,[1] where Berger J rejected the concept of a "self generating crystallisation".

Following Re Manurewa Transport Ltd[2] crystallisation clauses were a necessary incident of parties’ freedom to contract and policy objections should be dealt with by Parliament.

It followed that there was a floating charge if a company can continue to use book debts without the consent of the chargee.

[The...] ‘significant feature is that Brightlife was free to collect its debts and pay the proceeds into its bank account.

[...] I do not think that it is open to the courts to restrict the contractual freedom of parties to a floating charge on such grounds.