East-West Logistics LLP v Melars Group Ltd

East-West Logistics LLP v Melars Group Ltd

The court found, on the balance of probabilities and by a narrow margin, that the centre of main interests of Melars Group Limited was in the UK at the relevant time, based on the location of its legal advisers, litigation, contractual arrangements, and banking facilities, thereby rebutting the presumption that the registered office in Malta was the COMI. The UK court therefore has jurisdiction to wind up the company.

Parties
Petitioner: East-West Logistics LLP; Respondent: Melars Group Limited
Jurisdiction
England and Wales
Judgment Date
28 July 2020
Procedural Posture
Insolvency Petition / Final Judgment
Outcome
Petition allowed; winding up order granted.
Legal Topics
Centre of Main Interests (comi), Jurisdiction in Insolvency Proceedings, Winding Up of Companies, Forum Shopping
Insolvency Law Company Law Private International Law Centre of Main Interests (comi) Jurisdiction in Insolvency Proceedings Winding Up of Companies Forum Shopping

Case Brief

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Parties

East-West Logistics LLP

Petitioner

Melars Group Limited

Respondent

Procedural Posture

Insolvency Petition / Final Judgment

Legal Issues

  1. 1 Whether the court has jurisdiction to wind up Melars Group Limited under the EU Insolvency Regulation based on the company's centre of main interests (COMI)
  2. 2 Whether the presumption that the registered office is the COMI is rebutted in this case

Ratio Decidendi

The court found, on the balance of probabilities and by a narrow margin, that the centre of main interests of Melars Group Limited was in the UK at the relevant time, based on the location of its legal advisers, litigation, contractual arrangements, and banking facilities, thereby rebutting the presumption that the registered office in Malta was the COMI. The UK court therefore has jurisdiction to wind up the company.

Court Disposition

Petition allowed; winding up order granted.

Orders

  • The court makes a compulsory winding up order against Melars Group Limited.