Re Matheson Brothers Ltd: 1884

The court appointed a provisional liquidator to protect the English assets of a New Zealand company which was being wound up in New Zealand. Kay J said: ‘[What] is the effect of the winding up order which it is said has been made in New Zealand? This court upon principles of international comity, would no doubt have great regard to that winding up order and would be influenced thereby [but there was nevertheless jurisdiction to make a winding up order, and therefore to appoint a provisional liquidator, to protect the English assets] . . I consider that I am justified in taking steps to secure the English assets until I see that proceedings are taken in the New Zealand liquidation to make the English assets available for the English creditors pari passu with the creditors in New Zealand.’
Kay J
(1884) 27 Ch D 225
Cited by:

  • 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

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Updated: 03 December 2020; Ref: scu.266552