The defendant’s company in South Africa had become insolvent and the claimant had recovered judgment for arrears of rent. They obtained a freezing order against the defendant. The defendant appealed saying the court did not have jurisdiction, and should have taken account of cross claims. The defendant argued that the order was sought on a tactical basis and that the true litigation was in South Africa and was not concluded. The claimant did not seek independant relief here, and would not be issuing proceedings. The order had been discharged, and the claimant appealed the discharge.
Held: The order had properly been discharged for want of jurisdiction, in the absence of any genuine attempt to seek substantive relief in England. The order would be amended to allow further consideration of the costs award.
Judges:
The Vice-Chancellor Lord Justice Parker Lord Justice Mance
Citations:
[2005] EWCA Civ 204, Times 25-Apr-2005
Links:
Statutes:
Insolvency Act 1986 426, Civil Jurisdiction and Judgments Act 1982
Jurisdiction:
England and Wales
Citing:
Cited – Hughes and others v Hannover Re Ruckversicherungs-Aktiengesellschaft CA 28-Jan-1997
An insolvency court answering an international call for assistance has the full range of remedies available to it. It may exercise ‘its own general jurisdiction and powers’ as well as the insolvency laws of England and the corresponding laws of the . .
Cited – Memory Corporation v Sidhu (No 2) CA 3-Dec-1999
Where a party applied to court for an ex parte order, counsel had direct duties to the court, and also the supporting legal team and clients had continuing and overlapping duties. There was little to be gained by trying to analyze these things too . .
Cited – Voice and Script International Ltd v Alghafar CA 8-May-2003
The court has a wide discretion whether to order the assessment of costs on an indemnity basis and the court of Appeal will rarely disturb the judge’s order as to costs.
Judge LJ said: ‘By treating the absence of allocation to track as . .
Cited – Said v Butt 1920
The plaintiff wanted to go to a play’s first night. He had fallen out with the management of the theatre, and knew that he would not get a ticket in his own name. He got a friend to go to the theatre and buy a ticket for him without disclosing the . .
Cited – Shaker v Al-Bedrawi and others CA 18-Oct-2002
. .
Cited – MCA Records Inc v Charly Records Ltd and others (No 5) CA 29-Nov-2001
Thre had been an action for copyright and trade mark infringement. The court considered the personal liability of directors of the company for the costs of the action. . .
Cited – Hanak v Green CA 1958
A builder was sued for his failure to complete the works he had contracted for. The buider sought a set-off against that claim of three of his one claims. One, under the contract, was for losses from the defendant’s refusal to allow his workmen . .
Appeal from – Fourie v Le Roux and Others ChD 30-Sep-2004
Interim asset freezing injunctions had been obtained on the application of a liquidator in South Africa. The defendant applied for their discharge.
Held: They should be discharged. No foreign proceedings had been specified for which they were . .
Cited by:
Appeal from – Fourie v Le Roux and others HL 24-Jan-2007
The appellant, liquidator of two South African companies, had made a successful without notice application for an asset freezing order. He believed that the defendants had stripped the companies of substantial assets. The order was set aside for . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction, Insolvency
Updated: 29 June 2022; Ref: scu.223273