Re Seagull Manufacturing Company Ltd ((in Liquidation))
| Jurisdiction | England & Wales |
| Judgment Date | 03 February 1993 |
| Date | 03 February 1993 |
| Court | Court of Appeal (Civil Division) |
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41 cases
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Masri v Consolidated Contractors International Company SAL and Others (No.4)
...this connection to note the origin of the rule-making power which was held by the Court of Appeal in In re Seagull Manufacturing Co. Ltd. [1993] Ch 345 to enable service out of the jurisdiction of an order for the public examination of an officer of a company being wound up by the court. S......
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Vitol S.a. v Capri Marine Ltd
...he is not liable to be brought before the English court under the section. 13 In re Tucker was considered and distinguished in In re Seagull Manufacturing Co. Ltd [1993] Ch 345. That case was concerned with section 133 of the Insolvency Act 1986 which provides: “Public examination of office......
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Bilta (UK) Ltd (in Liquidation) v Nazir
...company) share the statutory context of the winding up of a British company. The Court of Appeal considered section 133 in In re Seagull Manufacturing Co Ltd [1993] Ch 345. Peter Gibson J, who produced the leading judgment, expressed the views (a) that Parliament could not have intended th......
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Masri v Consolidated Contractors International Company SAL and Others (No.4)
...in this country. It would defeat its object if it were. I do not consider that Re Tucker is the last word on the subject. In Re Seagull Manufacturing Co Ltd [1993] Ch 345 section 133 of the Insolvency Act 1986 was held to enable an order for the public examination in an English winding up ......
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2 firm's commentaries
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English Court Rules That Foreign Companies Must Produce Documents To The SFO In Response To A Section 2 Notice If There Is A 'Sufficient Connection' With England
...that could be analogous to the debate over s. 2(3) CJA (being s. 238 (In re Paramount Airways Ltd [1993] CH 223), s. 133 (In re Seagull [1993] Ch 345) and s. 213 (Bilta (UK) Ltd v Nazir (No 2) [2015] UKSC 23)) would not be able to achieve their object if their effect was confined to the UK.......
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Claims By Insolvent Companies Against Fraudulent Directors
...effect to section 238, which empowers the court to set aside undervalue transactions. In Re Seagull Manufacturing Co Ltd [1993] Ch 345, the Court of Appeal ascribed extra-territorial effect to section 133, which empowers the court to summon officers of the company for public examination. Th......
3 books & journal articles
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The Conflict of Laws and Statutes: The International Operational of Legislation Dealing With Matters of Civil Law in the United Kingdom and Australia
...Power Board vAMP Society(1934) 50 CLR 581 per Gavan Duffy CJ and Starke J (dissenting) at 595–596 and Dixon J at 601; Inre Seagull Co Ltd [1993] Ch 345 (CA) per Peter Gibson J (Lloyd and Hirst LJJ agreeing) at 354–355and Hirst LJ (Lloyd LJ agreeing) at 360; Rvex parte Eastern and Australian......
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Changing Obligations for Corporations under Investigation by the Serious Fraud Office: R (KBR Inc) v Director of the Serious Fraud Office [2018] EWHC 2368 (Admin)
...the test will be theinsolvency cases from which the test is taken; namely In re Paramount Airways Ltd [1993] Ch 223, In reSeagull Co. Ltd [1993] Ch 345, and Bilta (UK) Ltd v Nazir (No 2) [2015] UKSC 23, [2016] AC 1. Inparticular, in In re Paramount, Sir Donald Nicholls said, inter alia, tha......
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CONFLICT OF LAWS IN INSOLVENCY TRANSACTION AVOIDANCE
...213 US 347 (1909) at 356—357. 40 F A R Bennion, Bennion on Statutory Interpretation (5th Ed, 2008) at p 376. 41 Re Seagull Manufacturing [1993] Ch 345 (CA) at 354—355. 42 American Law Institute, Restatement of the Law: Conflict of Laws (1934). Symeon C Symeonides, “The First Conflict Restat......