One Collection Real Estate Ltd v Insolvency & Law Ltd [2023] EWHC 2673 (Ch) (06 April 2023)

One Collection Real Estate Ltd v Insolvency & Law Ltd [2023] EWHC 2673 (Ch) (06 April 2023)

Practice Direction 57AA applies to winding up petitions; the case has overwhelming links to Newcastle; transfer to Newcastle is appropriate; costs awarded to the company as the successful party on the application.

Citation
[2023] EWHC 2673 (Ch)
Parties
Applicant/respondent to the Petition: The One Collection Real Estate Ltd; Respondent/petitioner: Insolvency & Law Ltd
Jurisdiction
England and Wales
Judgment Date
06 April 2023
Procedural Posture
Winding Up Petition (insolvency) / Application for Transfer and Validation Order; Interlocutory Hearing
Outcome
Application for transfer granted; costs awarded to the company
Legal Topics
Transfer of Proceedings, Business and Property Courts, Practice Direction 57 AA, Validation Order, Costs
Insolvency Civil Procedure Transfer of Proceedings Business and Property Courts Practice Direction 57 AA Validation Order Costs

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Parties

The One Collection Real Estate Ltd

Applicant/respondent to the Petition

Insolvency & Law Ltd

Respondent/petitioner

Procedural Posture

Winding Up Petition (insolvency) / Application for Transfer and Validation Order; Interlocutory Hearing

Legal Issues

  1. 1 Whether Practice Direction 57AA applies to winding up petitions
  2. 2 Whether the winding up petition should be transferred from London to Newcastle
  3. 3 Appropriate allocation of costs for the application

Ratio Decidendi

Practice Direction 57AA applies to winding up petitions; the case has overwhelming links to Newcastle; transfer to Newcastle is appropriate; costs awarded to the company as the successful party on the application.

Court Disposition

Application for transfer granted; costs awarded to the company

Orders

  • Case transferred to Business and Property Courts in Newcastle
  • Petitioner to pay costs of the application