England v Smith: CA 8 Dec 1999

A liquidator of an Australian company sought damages from a ‘world-wide’ company Arthur Andersen’ and sought in particular to examine a partner in the UK. Examination was at first refused since an English court would not make a similar order. That erred in taking a restrictive view of English insolvency practice. ‘Insolvency Law’ did not exclude other considerations such as the need for comity as shown in the section. Australian law applied to the examination of an accountant connected with insolvent Australian company.
Gazette 08-Dec-1999, [2001] Ch 419
Insolvency Act 1986 236
England and Wales
Cited by:

  • Cited – McGrath and Honey v McMahon and Others, Re HIH Casualty and General Insurance Ltd and others CA 9-Jun-2006
    The insurance company was to be wound up. It operated internationally but was registered in Australia. The Australian liquidator now sought an order for the transfer of assets held here to Australia.
    Held: It was inevitable that cross border . .
    [2006] EWCA Civ 732, Times 06-Jul-06, [2007] 1 All ER 177
  • Cited – McGrath and others v Riddell and others HL 9-Apr-2008
    HIH, an Australian Insurance company, became insolvent. An order was sought for the collection and remission of it assets in England.
    Held: Once it was accepted that an English court may order the liquidator here to remit funds to a foreign . .
    Times 09-Apr-08, [2008] UKHL 21, [2008] 1 WLR 852, [2008] BPIR 581, [2008] Lloyd’s Rep IR 756, [2008] BCC 349, [2008] 3 All ER 869, [2008] Bus LR 905

These lists may be incomplete.
Updated: 07 December 2020; Ref: scu.80333