Sunwing Vacation Inc & Ors v E-Clear (UK) Plc & Ors [2011] EWHC 1544 (Ch) (03 June 2011)

Sunwing Vacation Inc & Ors v E-Clear (UK) Plc & Ors [2011] EWHC 1544 (Ch) (03 June 2011)

The order for disclosure is made because the applicants' use of the documents in foreign arbitration may result in a recovery that reduces their claim against the company, thereby benefiting the liquidation and creditors generally. The court is satisfied the order is for the purpose of the winding up and is just and beneficial.

Citation
[2011] EWHC 1544 (Ch)
Parties
Applicant/claimant: Sunwing Vacations Inc & Vacances Sunwing Inc; Respondent/defendant: E-Clear (UK) PLC, Mr Cohen and Mr Nygate (liquidators)
Jurisdiction
England and Wales
Judgment Date
03 June 2011
Procedural Posture
Application in Liquidation Proceedings / Judgment on Application for Disclosure Order
Outcome
Application granted
Legal Topics
Disclosure of Documents, Liquidation, Creditors' Rights, Court Discretion in Insolvency
Insolvency Company Law Disclosure of Documents Liquidation Creditors' Rights Court Discretion in Insolvency

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Parties

Sunwing Vacations Inc & Vacances Sunwing Inc

Applicant/claimant

E-Clear (UK) PLC, Mr Cohen and Mr Nygate (liquidators)

Respondent/defendant

Procedural Posture

Application in Liquidation Proceedings / Judgment on Application for Disclosure Order

Legal Issues

  1. 1 Whether the court should order disclosure and inspection of documents by the liquidators under sections 112 and 155 of the Insolvency Act 1986
  2. 2 Whether the order is for the purpose of the winding up
  3. 3 Whether the order is just and beneficial

Ratio Decidendi

The order for disclosure is made because the applicants' use of the documents in foreign arbitration may result in a recovery that reduces their claim against the company, thereby benefiting the liquidation and creditors generally. The court is satisfied the order is for the purpose of the winding up and is just and beneficial.

Court Disposition

Application granted

Orders

  • Order for disclosure and inspection of specified classes of documents by the liquidators to the applicants, in the revised form discussed.