The One Collection Real Estate Ltd v Insolvency & Law Ltd

Practice Direction 57AA applies to winding up petitions by virtue of the Insolvency Rules, and as the case has overwhelmingly significant links to Newcastle, the petition should be transferred there. Costs of the application are awarded to the company as the successful party.

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 (company Insolvency) / Application for Transfer of Proceedings and Validation Order
Outcome: Application for transfer granted; costs awarded to the company.
Legal Topics: Winding Up Petitions, Transfer of Proceedings, Practice Direction 57 AA, Validation Orders, Costs

Insolvency Civil Procedure Winding Up Petitions Transfer of Proceedings Practice Direction 57 AA Validation Orders 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 (company Insolvency) / Application for Transfer of Proceedings and Validation Order

Legal Issues

1 Whether Practice Direction 57AA applies to winding up petitions under the Insolvency Act 1986
2 Whether the winding up petition should be transferred from London to Newcastle
3 Who should bear the costs of the transfer and validation order applications

Ratio Decidendi

Court Disposition

Application for transfer granted; costs awarded to the company.

Orders

Winding up petition transferred to Newcastle Business and Property Courts.
Final determination of the petition to take place on 25 April 2023 in Newcastle.