Galer v Mond (Administrator of SFPL Ltd & Ors [2021] EWHC 1952 (Ch) (15 January 2021)

Galer v Mond (Administrator of SFPL Ltd & Ors [2021] EWHC 1952 (Ch) (15 January 2021)

The statutory declaration was validly administered by an English solicitor in Israel under section 1(2) of the Commissioners For Oaths Act 1889. The facility agreement did not require full advancement of funds as a precondition for enforcement. The deed of assignment was effective and not prohibited by the facility agreement. No evidence supports lack of independence or failure to achieve statutory purposes by the administrator.

Citation
[2021] EWHC 1952 (Ch)
Parties
Applicant: Netanel Galer; First Respondent: David Emanuel Merton Mond; Second Respondent: Brighter Enterprises Limited
Jurisdiction
England and Wales
Judgment Date
15 January 2021
Procedural Posture
Insolvency Application / Judgment on Validity of Administrator Appointment
Outcome
Application dismissed
Legal Topics
Administrator Appointment, Floating Charge, Assignment of Debt, Statutory Declaration, Independence of Administrator
Insolvency Company Law Administrator Appointment Floating Charge Assignment of Debt Statutory Declaration Independence of Administrator

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Parties

Netanel Galer

Applicant

David Emanuel Merton Mond

First Respondent

Brighter Enterprises Limited

Second Respondent

Procedural Posture

Insolvency Application / Judgment on Validity of Administrator Appointment

Legal Issues

  1. 1 Validity of administrator appointment under paragraph 14 of schedule B1 to the Insolvency Act
  2. 2 Effectiveness of deed of assignment
  3. 3 Interpretation of facility agreement regarding assignment and novation

Ratio Decidendi

The statutory declaration was validly administered by an English solicitor in Israel under section 1(2) of the Commissioners For Oaths Act 1889. The facility agreement did not require full advancement of funds as a precondition for enforcement. The deed of assignment was effective and not prohibited by the facility agreement. No evidence supports lack of independence or failure to achieve statutory purposes by the administrator.

Court Disposition

Application dismissed

Orders

  • The application by Mr Galer for an order declaring invalid the appointment of Mr Mond as administrator is refused.