Raiffeisenlandesbank Oberösterreich AG v Meyden [2016] EWHC 413 (Ch) (28 January 2016)

Raiffeisenlandesbank Oberösterreich AG v Meyden [2016] EWHC 413 (Ch) (28 January 2016)

The appeal court cannot fairly resolve the factual issue of COMI without a transcript of oral evidence from the Registrar's hearing; since Mr Meyden neither seeks nor can pay for an adjournment to obtain the transcript, and is in breach of procedural rules, the application to run the COMI argument and adduce fresh evidence is refused. The appeal is confined to the appellant's points.

Citation
[2016] EWHC 413 (Ch)
Parties
Applicant/appellant: Raiffeisenlandesbank Oberösterreich AG; Respondent: Nikolaus Meyden
Jurisdiction
England and Wales
Judgment Date
28 January 2016
Procedural Posture
Bankruptcy Appeal / Appeal From Deputy Registrar's Decision
Outcome
Application to run COMI argument and adduce fresh evidence refused; appeal confined to appellant's grounds.
Legal Topics
Centre of Main Interests (comi), EC Insolvency Regulation, Relief From Sanctions, Respondent's Notice, Exercise of Discretion in Annulment
Insolvency Bankruptcy Jurisdiction Centre of Main Interests (comi) EC Insolvency Regulation Relief From Sanctions Respondent's Notice Exercise of Discretion in Annulment

Case Brief

Summary, issues, holding and outcome

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Parties

Raiffeisenlandesbank Oberösterreich AG

Applicant/appellant

Nikolaus Meyden

Respondent

Procedural Posture

Bankruptcy Appeal / Appeal From Deputy Registrar's Decision

Legal Issues

  1. 1 Whether the court had jurisdiction to make the bankruptcy order based on COMI
  2. 2 Whether annulment should follow as a matter of right if jurisdiction was lacking
  3. 3 Whether discretion was properly exercised in declining annulment

Ratio Decidendi

The appeal court cannot fairly resolve the factual issue of COMI without a transcript of oral evidence from the Registrar's hearing; since Mr Meyden neither seeks nor can pay for an adjournment to obtain the transcript, and is in breach of procedural rules, the application to run the COMI argument and adduce fresh evidence is refused. The appeal is confined to the appellant's points.

Court Disposition

Application to run COMI argument and adduce fresh evidence refused; appeal confined to appellant's grounds.

Orders

  • Refusal of implicit application to adduce fresh evidence and run COMI argument on appeal
  • No adjournment granted