Boyd v Lee Guinness Ltd and Another

JurisdictionNorthern Ireland
CourtCourt of Appeal (Northern Ireland)
Judgment Date01 January 1963
Date01 January 1963
(C.A.)
Boyd
and
Lee Guinness Ltd. and Another

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...

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8 cases
  • The Governor & Company of the Bank of Ireland and Another v Colliers International Uk Plc ((in Administration)) and Others
    • United Kingdom
    • Chancery Division
    • 24 October 2012
    ...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 ......
  • Re MJBCH Ltd ((in Liquidation))
    • Ireland
    • High Court
    • 15 April 2013
    ...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) ......
  • Re Taylor (A Bankrupt)
    • United Kingdom
    • Chancery Division
    • Invalid date
    ... ... Boyd v Lee Guinness Ltd [ 1963 ] NI 49 , CA(NI) ... Bristol & West Building Society v Alexander ... It is before commencing the action that the leave is to be obtained. Another objection is this: if I allow the action to stand over in order that leave may be obtained, the ... ...
  • Re Hibernation Therapeutics Global Ltd ((in Liquidation))
    • Ireland
    • High Court
    • 24 January 2014
    ...ACT 1948 S231 (UK) MJBCH LTD (IN LIQUIDATION), IN RE UNREP FINLAY GEOGHEGAN 15.4.2013 2013 IEHC 256 BOYD v LEE GUINNESS LTD & ANOR 1963 NI 49 COMPANIES ACT 1963 S122 Company Law – Winding up - Official liquidator - Continuation of proceedings - Leave of the court - Fair and right - Issues ......
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