East-West Logistics LLP v Melars Group Ltd [2020] EWHC 2090 (Ch) (28 July 2020)

East-West Logistics LLP v Melars Group Ltd [2020] EWHC 2090 (Ch) (28 July 2020)

The court found, on the balance of probabilities and based on documentary evidence, the location of legal advisers, litigation, contractual arrangements, and banking facilities, that the company’s centre of main interests at the relevant time was in the UK, not Malta. The registered office presumption was rebutted, and the court had jurisdiction to wind up the company.

Citation
[2020] EWHC 2090 (Ch)
Parties
Petitioner: East-West Logistics LLP; Respondent: Melars Group Limited
Jurisdiction
England and Wales
Judgment Date
28 July 2020
Procedural Posture
Winding Up Petition (insolvency) / Final Hearing and Judgment
Outcome
Winding up order granted; court has jurisdiction.
Legal Topics
Centre of Main Interests (comi), Jurisdiction in Cross Border Insolvency, Rebuttal of Registered Office Presumption, Forum Shopping, Winding Up Order
Insolvency Company Law Private International Law Centre of Main Interests (comi) Jurisdiction in Cross Border Insolvency Rebuttal of Registered Office Presumption Forum Shopping Winding Up Order

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Parties

East-West Logistics LLP

Petitioner

Melars Group Limited

Respondent

Procedural Posture

Winding Up Petition (insolvency) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the court has jurisdiction to wind up Melars Group Limited under the EU Insolvency Regulation (Recast)
  2. 2 Whether the company's centre of main interests (COMI) is in the UK or Malta
  3. 3 Whether the presumption that COMI is at the registered office (Malta) is rebutted

Ratio Decidendi

The court found, on the balance of probabilities and based on documentary evidence, the location of legal advisers, litigation, contractual arrangements, and banking facilities, that the company’s centre of main interests at the relevant time was in the UK, not Malta. The registered office presumption was rebutted, and the court had jurisdiction to wind up the company.

Court Disposition

Winding up order granted; court has jurisdiction.

Orders

  • Compulsory winding up order made against Melars Group Limited.