Stocznia Gdanska SA v Latreefers Inc.

JurisdictionEngland & Wales
JudgeMorritt,May L JJ,Wall J.
Judgment Date09 February 2000
CourtCourt of Appeal (Civil Division)
Date09 February 2000
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67 cases
  • Barings (UK) Ltd v Galapagos S.A.
    • United Kingdom
    • Chancery Division
    • 30 June 2022
    ...221 of the Insolvency Act 1986, it would have been necessary to consider the three conditions set out in (among others) Re Latreefers [2001] 2 BCLC 116 (CA), namely that (i) there must be a sufficient connection with England; (ii) there must be a reasonable possibility, if a winding up orde......
  • SPV Osus Ltd v HSBC Institutional Trust Services (Ireland) Ltd
    • Ireland
    • Supreme Court
    • 31 July 2018
    ...save in wholly exceptional circumstances not present here.' 71 Stocznia Gdanska SA v. Latreefers Inc. [2000] All E.R. (D) 148, [2001] C.L.C. 1267 concerned a judgment obtained by a Polish shipyard (Stocznia) against a Liberian company (Latreefers) which had been incorporated for the purpose......
  • Tatiana Akhmedova v Farkhad Akhmedov
    • United Kingdom
    • Family Division
    • 12 June 2020
    ...for regarding the proceedings to which it relates or their conduct as an abuse [see paragraph 59 of Stocznia Gdanska SA v Latreefers Inc [2001] BCC 174]. 49 Third, Temur has not alleged that the Wife has been or is abusing the processes of the court. There is no suggestion that the Wife is ......
  • (1) Bilta (UK) Ltd ((in Liquidation)) (2) Kevin John Hellard (liquidator of Bilta (UK)Ltd) and Another v (1) Muhammad Nazir and Another (3) Pan 1 Ltd and Others
    • United Kingdom
    • Chancery Division
    • 30 July 2012
    ...Inc [1998] BCC 549. ( 5) S.213 was assumed to have extra-territorial effect in Carman v The Kronos Group SA [2006] BCC 451; Stocznia Gdanska SA v Latreefers Inc [2001] 2 BCLC 116. 42 The starting point must be the nature of corporate insolvency. This was described by Millett J in Re Interna......
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5 books & journal articles
  • LESSONS FOR THE DEVELOPMENT OF SINGAPORE'S INTERNATIONAL INSOLVENCY LAW
    • Singapore
    • Singapore Academy of Law Journal No. 2011, December 2011
    • 1 December 2011
    ...example, a place of business or the presence of assets. That is no longer the case. In Stocznia Gdanska SA v Latreefers Inc (No 2)UNK[2001] 2 BCLC 116, it was held that what was required was a sufficient connection with England which may, but does not necessarily have to, consist of assets ......
  • CROSS-BORDER INSOLVENCY AND TRANSFERS OF LIQUIDATION ESTATES FROM ANCILLARY PROCEEDINGS TO THE PRINCIPAL PLACE OF BANKRUPTCY
    • Singapore
    • Singapore Academy of Law Journal No. 2008, December 2008
    • 1 December 2008
    ...Ch 112. 8 Re Real Estate Development Co [1991] 1 BCLC 210 (Ch D) at 217. See also Stocznia Gdanska SA v Latreefers Inc (No 2)[2001] 2 BCLC 116 at 137 and now Re HIH Casualty and General Insurance Ltd; McMahon v McGrath[2006] EWCA Civ 732, [2007] 1 All ER 177 (CA) (“Re HIH”) at [37]. 9 Re Ba......
  • Insolvency Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2008, December 2008
    • 1 December 2008
    ...is respectfully suggested that the court should also have cited the leading English case of Stocznia Gdanska SA v Latreefers Inc (No 2)[2001] 2 BCLC 116 as it contains a useful exposition of the law in this area. In essence, the case helpfully traced the evolution of the case law in England......
  • Lessons from a cross-border insolvency in the Caribbean
    • Barbados
    • Caribbean Law Review No. 19-1/2, June 2009
    • 1 June 2009
    ...‘external companies’ i.e. bodies not formed under the law of the territory in question. 40 [1988] 1 Ch. 210. 41 [1991] BCLC 210. 42 [2001] 2 BCLC 116. 130 Caribbean Law Review the third requirement was considered in Stocznia v Latreefers. The court held that it did not, particularly since i......
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