The applicant appealed against dismissal of two petitions to wind up the respondent companies. Group members in England were already subject to winding up orders, and the companies faced similar proceedings in Holland. The only asset was a bank account which would not be released to the applicant, and a contentious debt.
Held: The petitioner’s remedy, as a contingent creditor of BV, was to prove in the Dutch proceedings, and to apply to the Dutch Court for whatever remedy it is entitled to. Appeal dismissed.
[1996] EWCA Civ 634
England and Wales
Updated: 06 August 2021; Ref: scu.140501