Guardians of New Zealand Superannuation Fund as manager and administrator of the New Zealand Superannuation Fund and Others v Novo Banco, S.A. Banco de Portugal (Intervener)

JurisdictionEngland & Wales
JudgeLord Justice Moore-Bick,Lady Justice Gloster,Lord Justice Sales
Judgment Date04 November 2016
Neutral Citation[2016] EWCA Civ 1092
Docket NumberCase No: A3/2015/3007 & A3/2015/3008
CourtCourt of Appeal (Civil Division)
Date04 November 2016
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4 cases
  • Goldman Sachs International v Novo Banco SA Guardians of New Zealand Superannuation Fund and Others v Novo Banco SA
    • United Kingdom
    • Supreme Court
    • 4 July 2018
    ...[2018] UKSC 34 Before Lord Mance Lord Sumption Lord Hodge Lady Black Lord Lloyd-Jones Supreme Court Trinity Term On appeal from: [2016] EWCA Civ 1092 Appellant (1) Tim Lord Thomas Plewman QC Max Schaefer (Instructed by Cadwalader, Wickersham & Taft LLP) Appellants (2) Laurence Rabinowitz QC......
  • Dynasty Company for Oil and Gas Trading Ltd v The Kurdistan Regional Government of Iraq
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 23 April 2021
    ...v Novo Banco SA (Guardians of New Zealand Superannuation Fund v Novo Banco SA) [2015] EWHC 2371 (Comm); [2015] 2 CLC 475; [2016] EWCA Civ 1092; [2017] 2 BCLC 277, CA; [2018] UKSC 34; [2018] 1 WLR 3683; [2018] 4 All ER 1026; [2019] 1 All ER (Comm) 1, SC(E)Gray v Hurley [2019] EWHC 1636 (QB);......
  • ING Bank N.v v. Banco Santander S.A.
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 21 December 2020
    ...by the applicable national law, which in this case is English law as the law governing the contract: ….”. 130 In the Court of Appeal ( [2016] 2 CLC 690), Moore Bick LJ approved Hamblen J's statement, noting at [27]: “The judge recorded in … his judgment that it was for the English courts, a......
  • Pelletier (A Debtor)
    • Cayman Islands
    • Grand Court (Cayman Islands)
    • 16 March 2020
    ...fundamentally important effect on fair trial rights (see Dicey Rule 29 15th ed 11–003 and e.g. the explanation in Henderson v Novo Bank [2017] 4 WLR 75). 5. Those advising Pacer clearly appreciated that this was unfair and invented a form ad hoc service of the Petition which was not sanctio......
2 firm's commentaries
  • Brexit Briefing: English Law Funding For European Banks In Focus As Bes Creditors Left Behind… Again
    • United Kingdom
    • Mondaq UK
    • 14 December 2016
    ...universal recognition. Footnotes 1 Guardians of New Zealand Superannuation Fund (and others) v. Novo Banco, S.A. v. Banco de Portugal [2016] EWCA Civ 1092. For MoFo's alert on Banco de Portugal's re-transfer of five Portuguese law bonds from Novo Banco back to BES, see 2 These powers have r......
  • Foreign bank resolution: effect on loan enforcement in England and Wales
    • United Kingdom
    • JD Supra United Kingdom
    • 31 January 2017
    ...effect in England that it would have had in that Member State: Guardians of New Zealand Superannuation Fund & 11ors v Novo Banco, S.A. [2016] EWCA Civ 1092. Struggling Portuguese bank In June 2014, Oak Finance Luxembourg, S.A. (Oak), as lender, entered into a facility agreement with Portugu......

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