BCC Trade Credit PTY Limited & Ors v The Secretary of State for Business and Trade & Anor
| Court | Chancery Division |
| Judge | Icc Judge Mullen |
| Neutral Citation | [2024] EWHC 2039 (Ch) |
| Date | 18 July 2024 |
| Year | 2024 |
| Counsel | Mr M Gibbon Kc,Mr O Phillips,Mr G Millar Kc,Mr A Wills,Ms C Sandbach,Mr G Millar Kcand Mr A Wills |
Case No: CR-2024-001426
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
COMPANIES COURT (ChD)
Neutral Citation Number [2024] EWHC 2039 (Ch)
Royal Courts of Justice
Rolls Building
Fetter Lane
London EC4A 1NL
Thursday, 18 July 2024
BEFORE:
ICC JUDGE MULLEN
----------------------
IN THE MATTERS OF GREENSILL CAPITAL (UK) LIMITED AND GREENSILL
LIMITED
AND IN THE MATTER OF THE COMPANY DIRECTORS DISQUALIFICATION
ACT 1986
BETWEEN:
(1) BCC TRADE CREDIT PTY LIMITED
(2) TOKIO MARINE MANAGEMENT AUSTRALASIA PTY LIMITED
(3) TOKIO MARINE & NICHIDO FIRE INSURANCE COMPANY LIMITED
Applicants
- and -
THE SECRETARY OF STATE FOR BUSINESS AND TRADE
First Respondent
MR ALEXANDER DAVID GREENSILL
Second Respondent
----------------------
MR M GIBBON KC and MR O PHILLIPS (instructed by Kennedys Law LLP) appeared
on behalf of the Applicants
MS C SANDBACH (instructed by Howes Percival LLP) appeared on behalf of the First
Respondent
MR G MILLAR KC and MR A WILLS (instructed by Ellerman Limited) appeared on
behalf of the Second Respondent
----------------------
JUDGMENT
(Approved)
Epiq Europe Ltd, Lower Ground, 46 Chancery Lane, London WC2A 1JE
www.epiqglobal.com/en-gb/
----------------------
Digital Transcription by Epiq Europe Ltd,
Lower Ground, 46 Chancery Lane, London WC2A 1JE
Web: www.epiqglobal.com/en-gb/ Email: civil@epiqglobal.co.uk
(Official Shorthand Writers to the Court)
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Epiq Europe Ltd, Lower Ground, 46 Chancery Lane, London WC2A 1JE
www.epiqglobal.com/en-gb/
ICC JUDGE MULLEN:
1. This is my judgment on an application, dated 12 April 2024, made by BCC Trade
Credit Pty Limited, Tokio Marine Management Australasia Pty Limited, and Tokio
Marine & Nichido Fire Insurance Company Limited.
2. The application is made under CPR 5.4C(2), CPR 32.12(2) and/or the court’s inherent
jurisdiction to obtain a copy of an affirmation made by Mr Ian Wilson on
6 March 2024 in support of the Secretary of State’s claim under the Company
Directors Disqualification Act 1986 to disqualify Mr Alexander Greensill from being
concerned in the management of a company. The applicants do not seek inspection of
the exhibits to the affirmation. Having looked at the court electronic file, those
exhibits do not seem to have been uploaded but they apparently run to about
8,500 pages. The affirmation itself runs to 322 pages, plus a few schedules, and
comprises 1,053 paragraphs. The statement of the matters that the Secretary of State
relies upon as demonstrating Mr Greensill’s unfitness to be concerned in the
management of a company are set out in paragraphs 10 to 46. That statement is
required by the Insolvent Companies (Disqualification of Unfit Directors)
Proceedings Rules 1987, to which I shall turn in a moment. The applicants also seek
permission to use the affirmation in proceedings currently before the Federal Court of
Australia, to which the applicants are defendants.
3. The application now extends to a second affirmation of Mr Wilson, dated
24 June 2024, which makes amendments to the first. These are not amendments of
any great significance in that the second affirmation corrects typographical and literal
errors and exhibits documents that were intended to be exhibited to the first
affirmation.
4. The application is supported by the evidence of Mr David Chadwick, the solicitor
with conduct of the matter on the part of the applicants at Kennedys Law LLP. He
has made two statements dated 12 April 2024, and 10 May 2024. The application is
opposed by Mr Greensill, whose lawyer, Mr Ivan Pearce-Molland, made a statement
dated 3 May 2024. The Secretary of State is neutral on the application though
evidence has been put in by Ms Shevonne Keir, a senior lawyer at the Insolvency
Epiq Europe Ltd, Lower Ground, 46 Chancery Lane, London WC2A 1JE
www.epiqglobal.com/en-gb/
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