Boyd v Lee Guinness Ltd and Another
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1963 |
| Date | 01 January 1963 |
| Court | Court of Appeal (Northern Ireland) |
Company registered in England and having place of business in Northern Ireland - Winding-up order made in English court - Action against company commenced in Northern Ireland without leave of English court -Companies Act, 1948, ss. 231, 276 - Practice -Service out of the jurisdiction - Whether action "properly brought" - R.S.C., O. 11, r. 1 (h).
A company registered in England obtained a loan from the Ministry of Commerce in Northern Ireland for the purpose of expanding its business in Northern Ireland. This loan was secured by a floating charge on the company's assets. When it was not repaid at the due date the Ministry appointed a receiver. An English bank which had also made advances to the company claimed preferential payment in respect of money advanced for the payment of wages. The receiver declined to admit this claim and the bank obtained an order from the High Court in England for the winding-up of the company. Subsequently the receiver commenced an action in Northern Ireland by serving a writ of summons upon the company. He then applied for and obtained leave to serve a concurrent writ upon the bank in London. The bank moved to set aside this order of the Northern Ireland court on the ground that leave to commence proceedings had not been given by the court of the winding-up. In the absence of such...
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The Governor & Company of the Bank of Ireland and Another v Colliers International Uk Plc ((in Administration)) and Others
...set-off would then be applied. 28 Judge Kershaw QC also relied on the decision of the Northern Ireland Court of Appeal in Boyd v Lee Guinness Limited [1963] NI 49, which had not been cited in Re Saunders. It is not, in my view, a case which provides support for the judge's conclusion in Re ......
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...SCAFFOLDING LTD THE TIMES 22.6.1982 COMPANIES ACT 1948 S231 INSOLVENCY ACT 1986 S285(3) TAYLOR, IN RE 2007 CH 150 BOYD v LEE GUINNESS LTD 1963 NI 49 CONSTITUTION ART 34.3.1 MCCAULEY v MIN FOR POSTS & TELEGRAPHS 1966 IR 345 MURPHY v GREENE 1990 2 IR 566 CIVIL LIABILITY ACT 1961 S35(1)(I) ......
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...but rather, primarily the purpose identified by Black L.J. in the Court of Appeal in Northern Ireland in Boyd v. Lee Guinness Ltd. [1963] N.I. 49, of placing all proceedings in relation to the company being wound up by the court under the supervision of the court.” She stressed, however, th......
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