Powers of English Courts Re Australian Companies in Liquidation
In re HIH Casualty and General Insurance Ltd (in liquidation) and
other companies [2006] EWCA Civ 732
CA
9 June 2006
Daily Law Notes Report Summary
An English court considering whether to exercise its discretion
under s 426(4)(5) of the Insolvency Act 1986 to accede to a
request for the transfer of assets held by English liquidators in
the liquidation of a foreign company was entitled to refuse that
request where a transfer would prejudice non-insurance creditors
proving in the ancillary English liquidation and provide no
countervailing benefit in the principal liquidation.