Banco de Portugal v Waddell

JurisdictionEngland & Wales
Judgment Date19 March 1880
Judgment citation (vLex)[1880] UKHL J0319-1
CourtHouse of Lords
Date19 March 1880

[1880] UKHL J0319-1

House of Lords

Banco de Portugal
and
Waddell.
1

After hearing Counsel for the Appellants, as well on Tuesday last as this day, upon the Petition and Appeal of the Banco de Portugal, of Oporto, in the Kingdom of Portugal, Bankers, praying, That the matter of the Order set forth in the Schedule thereto, namely, an Order of Her Majesty's Court of Appeal sitting in Bankruptcy, of the 4th of April 1879, might be reviewed before Her Majesty the Queen in Her Court of Parliament, and that the said Order might be reversed, varied, or altered, or that the Petitioners might have such other relief in the premises as to Her Majesty the Queen in Her Court of Parliament might seem meet; as also upon the printed Case of James Waddell (the Trustee under the Liquidation of Richard Hooper and Sons) lodged in answer to the said Appeal; Counsel appearing for the Respondent but not being called on; and due consideration had of what was offered for the Appellants:

2

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in the Court of Parliament of Her Majesty the Queen assembled, That the said Order of Her Majesty's Court of Appeal sitting in Bankruptcy, of the 4th of April 1879, complained of in the said Appeal, be, and the same is hereby Affirmed, and that the said Petition and Appeal be, and the same is hereby dismissed this House: And it is further Ordered, That the Appellants do...

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5 cases
  • Lyubov Andreevna Kireeva (Trustee and Bankruptcy Manager in Russia of Georgy Ivanovich Bedzhamov) v Georgy Ivanovich Bedzhamov
    • United Kingdom
    • Chancery Division
    • 13 August 2021
    ...v Delta American Reinsurance [2001] 2 AC 328, referring (among others) to the dicta of Lord Cairns in Banco de Portugal v Waddell (1880) 5 App Cas 161 at 168, “The appellants are perfectly entitled to prove under the English bankruptcy; but if they elect to do so they must act, as was said ......
  • Commissioner of Taxation v Lane
    • Australia
    • Full Federal Court (Australia)
    • 6 November 2020
    ...129 Australian Securities and Investment Commission v Letten (No 20) [2012] FCA 1283; 92 ACSR 630 Banco de Portugal v Waddell (1879–80) 5 App Cas 161 Bathurst City Council v PWC Properties Pty Limited [1998] HCA 59; 195 CLR 566 Boensch v Pascoe [2019] HCA 49; 375 ALR 15 Bradken Limited v No......
  • G.J. Cleaver and Another v Delta American Reinsurance Company (a Company incorporated under the laws of Kentucky (in Liquidation))
    • United Kingdom
    • Privy Council
    • 1 February 2001
    ...for decision. The first issue is whether and how the principle of hotchpot, derived from such cases asBanco de Portugal v. Waddell (1880) 5 App. Cas. 161, Selkrig v. Davis (1814) 2 Rose 291 and Ex parte Wilson (1872) L.R. 7 Ch. App. 490, should be applied to the proof of debt submitted by D......
  • Re Transnational Ins Company Ltd
    • Cayman Islands
    • Grand Court (Cayman Islands)
    • 4 March 1998
    ...Casualty & Surety Co. v. Home Ins. Co.UNK(1995), 882 F. Supp. 1328, distinguished. (2) -Banco de Portugal v. Waddell, In re HooperELR(1879), 5 App. Cas. 161, applied. (3) -Compton Corp., In re, Kellogg v. Blue Quail Energy Inc.(1987), 831 F. (2d) 586, considered. (4) -Felixstowe Dock & Ry. ......
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