East-West Logistics Llp v Melars Group Ltd [2022] EWCA Civ 1419 (28 October 2022)

East-West Logistics Llp v Melars Group Ltd [2022] EWCA Civ 1419 (28 October 2022)

The presumption that the company's COMI is at its registered office in Malta was not rebutted because the factors relied upon by the petitioner were not sufficiently objective or ascertainable by third parties; the High Court was correct to set aside the winding up order as the COMI remained in Malta.

Citation
[2022] EWCA Civ 1419
Parties
Appellant/petitioner: East-West Logistics LLP; Respondent: Melars Group Limited
Jurisdiction
England and Wales
Judgment Date
28 October 2022
Procedural Posture
Appeal (insolvency/winding Up) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed; High Court order (setting aside winding up) affirmed.
Legal Topics
Centre of Main Interests (comi), Jurisdiction in Insolvency Proceedings, Rebuttable Presumption of Registered Office, Ascertainability by Third Parties, Forum Shopping, Interpretation of EU Insolvency Regulation
Insolvency Law Company Law Private International Law Centre of Main Interests (comi) Jurisdiction in Insolvency Proceedings Rebuttable Presumption of Registered Office Ascertainability by Third Parties Forum Shopping +1 more

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Parties

East-West Logistics LLP

Appellant/petitioner

Melars Group Limited

Respondent

Procedural Posture

Appeal (insolvency/winding Up) / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the presumption that a company's COMI is at its registered office (Article 3(1) EU Insolvency Regulation) was rebutted
  2. 2 Whether factors relied upon by the petitioner were objective and ascertainable by third parties
  3. 3 Whether the High Court erred in its approach to the presumption and ascertainability requirements

Ratio Decidendi

The presumption that the company's COMI is at its registered office in Malta was not rebutted because the factors relied upon by the petitioner were not sufficiently objective or ascertainable by third parties; the High Court was correct to set aside the winding up order as the COMI remained in Malta.

Court Disposition

Appeal dismissed; High Court order (setting aside winding up) affirmed.

Orders

  • Winding up order set aside; no winding up of Melars Group Limited in England.