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Harms Offshore AHT 'Taurus' Gmbh & Co KG -v- Bloom and Other

Harms Offshore AHT 'Taurus' Gmbh & Co KG -v- Bloom and Other

Postby dls » Wed Sep 03, 2014 7:41 am

Harms Offshore AHT 'Taurus' Gmbh & Co KG -v- Bloom and Others - CA - 26-Jun-2009 - Lord Justice Ward, Lord Justice Stanley Burnton and Sir John Chadwick (Bailii, [2009] EWCA Civ 632, Times, [2009] Bus LR 1663, [2010] 1 Ch 187, [2010] 2 WLR 349) - Jurisdiction - Insolvency
The court had granted to the liquidators of a company a mandatory injunction requiring the appellant German companies to attempt to obtain the release of assets from attachment by the court in new York.
Held: The appeal was dismissed. The statutory prohibition against creditors bringing proceedings against a company being wound up by the court is not extra-territorial. The protection of the assets of a company in administration is not to be regarded by the Court as differing in substance from the protection of the assets of a company in compulsory liquidation. In both cases, the assets of the company are dealt with by an officer appointed by the Court in accordance with statutory duties.
The conduct of the Appellants and the circumstances of the attachments brought it into the exceptional category in which the grant of injunctive relief is justified, notwithstanding comity and notwithstanding the outstanding application of the Administrators in New York.
Statutes:
Insolvency Act 1986

Cases Cited:
In Re Oriental Inland Steam Company ex parte Scinde Railway Company CA 1874 ((1874) LR 9 Ch App 55)
Mitchell -v- Carter ChD 1997 ([1997] 1 BCLC 673)
Re Vocalion (Foreign) Ltd 1932 ([1932] 2 Ch 196)
Societe Nationale Industrielle Aerospatiale v Lee Kui Jak and another PC 1987 ([1987] 1 AC 871)
Polly Peck International Plc -v- The Marangos Hotel Company Ltd & Others CA 7-5-1998 (Times 18-May-98, Bailii, [1998] EWCA Civ 789, [1998] 3 All ER 812, [1998] 2 BCLC 185)
Barclays Bank -v- Homan CA 1993 ([1993] BCLC 680)
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