MacRae v Fisher

MacRae v Fisher

The joint liquidators reasonably require the information for their functions, and the disclosure order is not unreasonable, unnecessary, or oppressive to the respondents or third parties. The balance of factors favours granting the application.

Parties
Applicant: Gordon Macrae; Applicant: Eleanor Fisher; Respondent: KPMG LLP; Respondent: David Yim
Jurisdiction
England and Wales
Judgment Date
14 September 2016
Procedural Posture
Insolvency Application / Judgment on Contested Application for Disclosure Orders
Outcome
application granted
Legal Topics
Liquidator Powers, Disclosure Orders, Section 236 Insolvency Act 1986, Costs of Application
Insolvency Law Cross Border Insolvency Liquidator Powers Disclosure Orders Section 236 Insolvency Act 1986 Costs of Application

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Parties

Gordon Macrae

Applicant

Eleanor Fisher

Applicant

KPMG LLP

Respondent

David Yim

Respondent

Procedural Posture

Insolvency Application / Judgment on Contested Application for Disclosure Orders

Legal Issues

  1. 1 Whether the joint liquidators reasonably require the information sought to carry out their functions
  2. 2 Whether the disclosure order would be unreasonable, unnecessary, or oppressive to the respondents or third parties
  3. 3 Whether the use of section 236 powers by a liquidator qua litigant is unfair or circumvents litigation processes

Ratio Decidendi

The joint liquidators reasonably require the information for their functions, and the disclosure order is not unreasonable, unnecessary, or oppressive to the respondents or third parties. The balance of factors favours granting the application.

Court Disposition

application granted

Orders

  • Respondents to disclose the identified documents and answer the questionnaire
  • Applicants to pay respondents' costs of disclosure