Wight and Others v Eckhardt Marine GmbH

JurisdictionUK Non-devolved
JudgeLord Hoffmann
Judgment Date14 May 2003
Neutral Citation[2003] UKPC 37
CourtPrivy Council
Docket NumberAppeal No. 13 of 2002
Date14 May 2003
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64 cases
  • Financial Services Compensation Scheme Ltd v Larnell (Insurances) Ltd ((in Liquidation))
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 29 November 2005
    ...it is not necessary for the purpose of stopping time running against him in relation to his erstwhile contractual rights." 16 In Wight v. Eckhardt Marine GmbH [2003] UKPC 37, [2004] 1 AC 147, the Privy Council had to consider an unusual point arising on an appeal from the Cayman Islands in......
  • Law Society v Shah
    • United Kingdom
    • Chancery Division
    • 30 November 2007
    ...is not a proceeding in respect of a debt provable under the liquidation, and which was discharged by the order of discharge “. 36 In Wight v Eckhardt Marine [2004] 1 AC 147 [2003] UKPC 37 the Privy Council was concerned with the effect of a winding up. Lord Hoffmann said at [27]: ”.he windi......
  • Leyland Daf Ltd, Re sub nom Buchler v Talbot
    • United Kingdom
    • House of Lords
    • 4 March 2004
    ... ... receivers of Leyland Daf Limited) and others (Appellants) and others [2004] ... ...
  • Fulham Football Club (1987) Ltd v Sir David Richards and another
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 21 July 2011
    ...liable but when all its assets have been distributed, there is nothing more against which the liability can be enforced: see Wight v Eckhardt Marine GmbH [2004] 1 AC 147, 155–156. At that point, the company is usually dissolved." 54 The power of the court to wind up on the just and equitab......
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2 firm's commentaries
  • Harneys Corporate Recovery Services Guides to The Insolvency Act 2003 - Part 3
    • British Virgin Islands
    • Mondaq Virgin Islands
    • 8 September 2004
    ...See Akers v Lomas, Re Trading Partners Ltd (unreported) 21 September 2001, Chancery Division,†Patten J 287 Wight v Eckhardt Marine GmbH [2004] 1 AC 147 288 Re BCCI (No. 10) [1997] Ch 213 289 Section 175(2) 290 See Akers v Lomas, Re Trading Partners Ltd (unreported) 21 September 2001, Chance......
  • Anti-Suit Injunction Allows Winding Up To Proceed In Harmony
    • Cayman Islands
    • Mondaq Cayman Islands
    • 5 July 2016
    ...for its creditors and this includes assets wherever situate", referring to the Privy Council's decision in Wight v Eckhardt Marine GmbH [2004] 1 AC 147. Accordingly, Smellie CJ "It follows that the Court has jurisdiction to restrain a creditor over whom it has personal jurisdiction from the......
1 books & journal articles
  • What Liquidation Does For Secured Creditors, And What It Does For You
    • United Kingdom
    • Wiley The Modern Law Review No. 71-5, September 2008
    • 1 September 2008
    ...‘the general public’?7966 HillvSpread Tru stee Co Ltd [2006] EWCA Civ 542,at [138]; again, compare AW, 310.67 Wigh t vEckhardt MarineGmbH [2003] UKPC 37, at [27].68 AW, 311.68 AW, 313.70 AW, 324.71 AW, 311.72 AW, 321.73 AW, 299 (and also 305), citing LeylandDaf at [28] (and also [51]).74 Fo......

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