The Business Law Reports
[2012] Bus LR 772
Court of Appeal
In re New Cap Reinsurance Corpn Ltd (in liquidation)
New Cap Reinsurance Corpn Ltd and another v Grant and others
[2011] EWCA Civ 971
2011 July 18;
Aug 9
Mummery, Lloyd, McFarlane LJJ
Insolvency— Liquidation— Foreign company— Australian company making payments to defendants immediately prior to its becoming insolvent— New South Wales court holding payments to be unfair preference and ordering repayment— Company and liquidator seeking enforcement of order in English court— Statute allowing for registration and enforcement of foreign judgments— Court also having jurisdiction under different statute to assist foreign court— Whether orders in insolvency proceedings registrable— Whether proceedings “civil or commercial” matter— Whether registered order liable to be set aside— Whether discretion to assist foreign court extending to enforcement of judgment for payment of money in insolvency proceedings— Whether discretion precluded where judgment registrable—
Foreign Judgments (Reciprocal Enforcement) Act 1933 (23 & 24 Geo 5, c 13), ss 4, 6
—
Insolvency Act 1986 (c 45), s 426
—
Reciprocal Enforcement of Foreign Judgments (Australia) Order 1994 (SI 1994/1901), art 4(a)