El-Ajou v Dollar Land (Manhattan) Ltd

There is insufficient evidence to displace the presumption that the registered office is the centre of main interest; jurisdiction exists under Article 3(1) for the English court to proceed.

Parties: Petitioner: Abdul Ghani El-Ajou; Respondent: Dollar Land (Manhattan) Ltd.
Jurisdiction: England and Wales
Judgment Date: 02 November 2005
Procedural Posture: Winding Up Petition / Preliminary Jurisdictional Determination
Outcome: Jurisdiction affirmed; application to restrain advertisement and further steps dismissed.
Legal Topics: Centre of Main Interest (comi), Council Regulation 1346/2000/ec Article 3, Presumption of Registered Office, Rebuttal of Presumption

Insolvency Company Law International Jurisdiction Centre of Main Interest (comi) Council Regulation 1346/2000/ec Article 3 Presumption of Registered Office Rebuttal of Presumption

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Parties

Abdul Ghani El-Ajou

Petitioner

Dollar Land (Manhattan) Ltd.

Respondent

Procedural Posture

Winding Up Petition / Preliminary Jurisdictional Determination

Legal Issues

1 Whether the presumption that the registered office is the centre of main interest (COMI) under Article 3(1) of Council Regulation 1346/2000/EC is rebutted
2 Whether the English court has jurisdiction to wind up Dollar Land (Manhattan) Ltd.

Ratio Decidendi

There is insufficient evidence to displace the presumption that the registered office is the centre of main interest; jurisdiction exists under Article 3(1) for the English court to proceed.

Court Disposition

Jurisdiction affirmed; application to restrain advertisement and further steps dismissed.

Orders

Jurisdiction under Article 3(1) affirmed
No prohibition on advertisement or further steps in winding-up petition