Re Dallhold Estates (UK) Pty Ltd: ChD 1992

The court discussed the the receipt and acceptance of a letter of request: ‘The scheme of subsection (5) appears to me to be this. The first step is to identify the matters specified in the request. Secondly, the domestic court should ask itself what would be the relevant insolvency law applicable by the domestic court to comparable matters falling within its jurisdiction. Thirdly, it should then apply that insolvency law to the matters specified in the request, notwithstanding that on this hypothesis, those are matters which would not, or might not, otherwise fall within its jurisdiction by reason of some foreign element.’
References: [1992] BCLC 621
Judges: Chadwick J
Statutes: Insolvency Act 1986 426(5)
This case is cited by:

  • Approved – In Re Bank of Credit and Commerce International Sa, In Re BCCI (Overseas) Ltd (No 9) ChD 11-Aug-1993
    An English Court has the jurisdiction and discretion to apply English insolvency law to a foreign registered company. . .
    (Ind Summary 20-Sep-93, Times 11-Aug-93, [1994] 2 BCLC 636)
  • Approved – 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 . .
    (Times 06-Mar-97, , [1997] EWCA Civ 857, [1997] 1 BCLC 497)
  • Cited – Al Sabah and Al Sabah v Grupo Torras SA Culmer as trustee of the property of Sheikh Fahad Mohammed Al Sabah, bankrupt PC 11-Jan-2005
    PC (Cayman Islands) The claimant complained of an order of the Court of Appeal of the Cayman Islands, requiring him to comply with a letter of request from the Grand Court of the Bahamas.
    Held: In earlier . .
    (, Times 14-Jan-05, , [2005] UKPC 1)
  • 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.
Last Update: 27 November 2020; Ref: scu.222843