Pezold v Border Timbers Ltd

Pezold v Border Timbers Ltd

Section 126 of Zimbabwe's New Insolvency Act does not apply to companies in judicial management under the repealed Old Companies Act unless they have entered corporate rescue proceedings; therefore, service of process as ordered was not contrary to Zimbabwe law, and CPR Part 6.40(4) does not prohibit the methods of...

Source-derived case information.

Parties
Claimant: Heinrich Bernd Alexander Josef von Pezold; Defendant: Border Timbers Ltd
Jurisdiction
England and Wales
Judgment Date
06 August 2020
Procedural Posture
Application to Set Aside Ex Parte Order / Ruling on Application
Outcome
Application dismissed
Legal Topics
Service Out of Jurisdiction, Alternative Service, Judicial Management, Corporate Rescue, Statutory Interpretation
Civil Procedure Insolvency Law Company Law Service Out of Jurisdiction Alternative Service Judicial Management Corporate Rescue Statutory Interpretation

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Parties

Heinrich Bernd Alexander Josef von Pezold

Claimant

Border Timbers Ltd

Defendant

Procedural Posture

Application to Set Aside Ex Parte Order / Ruling on Application

Legal Issues

  1. 1 Whether section 126 of Zimbabwe's New Insolvency Act applies to companies in judicial management under the repealed Old Companies Act
  2. 2 Whether section 126 prohibits service of foreign process on the Defendant in Zimbabwe
  3. 3 Whether CPR Part 6.40(4) is concerned only with the legality of the method of service or also with the legality of serving the claim at all

Ratio Decidendi

Section 126 of Zimbabwe's New Insolvency Act does not apply to companies in judicial management under the repealed Old Companies Act unless they have entered corporate rescue proceedings; therefore, service of process as ordered was not contrary to Zimbabwe law, and CPR Part 6.40(4) does not prohibit the methods of service authorised.

Court Disposition

Application dismissed

Orders

  • The application to set aside the ex parte order is dismissed.