Re Greenhaven Motors
| Jurisdiction | England & Wales |
| Date | 1999 |
| Court | Court of Appeal (Civil Division) |
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42 cases
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Re ICP Strategic
...Ch. 80; [1995] 2 W.L.R. 70; [1994] 4 All E.R. 417; [1994] 2 BCLC 782; [1995] BCC 760, considered. (4) Greenhaven Motors Ltd., Re, [1999] 1 BCLC 635; [1999] BCC 463, applied. (5) Guy v. ChurchillELR(1888), 40 Ch. D. 481, referred to. (6) Latoya v. Att. Gen., C.A., February 14th, 2012, unrepo......
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Lehman Brothers International (Europe) ((in Administration))
...entitled to be consulted, and their wishes are relevant to the decision of the office-holder or the Court (as the case may be): see Re Greenhaven Motors [1999] BCC 463 at 643. (3) The Subordinated Creditor is under an obligation to keep the relevant material confidential, and not to use it......
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Re Longmeade Ltd ((in Liquidation))
...authority in relation to the approach of the court to granting sanction for the exercise of powers under the old regime was Re Greenhaven Motors Ltd (in liquidation) [1999] 1 BCLC 635. In Greenhaven Motors, Chadwick LJ held, at pages 642h–643c: "The decision whether or not to sanction the e......
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SISU Capital Fund Ltd v Tucker
...liquidator, the Court must consider how the interests of creditors will be best served. As Chadwick LJ said in Re Greenhaven Motors Ltd [1999] 1 BCLC 635 at 643d-e: “In deciding whether or not to sanction a proposed compromise the court must consider whether the interests of those, whether ......
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3 firm's commentaries
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Sanction Applications: Balancing The Views Of Office Holders And Creditors
...or not to grant sanction as set out in the well-established English and Cayman Islands authorities, including Re Greenhaven Motors Ltd [1999] 1 BCLC 635, Edennote Ltd (No 2) [1992] 2 BCLC 89 and In re DD Growth Premium 2X Fund 2013 (2) CILR 361. McMillan J also emphasised that this was not ......
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Litigation Funding In British Virgin Islands Liquidations: Practical Guidance For Liquidators
...before exercising a power, the decision to exercise that power is effectively surrendered to the court (see Greenhaven Motors Limited [1999] BCC 463 and Phoenix Group Foundation v Jackson (BVIHCMAP 2020/0019; 17 November 2020)). Accordingly, and as a matter of practice, the decision to purs......
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Re PAC Limited (In Official Liquidation): How To Empower Cayman Liquidation Committees
...counsel here, then the settlement agreement would have been sanctioned against the strongly felt wishes of the committee. Footnotes 1 [1999] BCLC 635 2 [1997] 2 BCLC 89 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be soug......
1 books & journal articles
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Mediation and Appropriate Dispute Resolution
...Act 1986 (c 45) s 167(1)(a), read with Part I of Schedule 4; Re Edennote Ltd (No 2) [1997] 2 BCLC 89 at 92; Re Greenhaven Motors Ltd [1999] BCLC 635 at 642. 161 See s 477(1)(d) read with ss 477(2A) and 477(2B) of the Australian Corporations Act 2001 (Cth); Re Sheahan [2018] FCA 1499 at [16]......