Raiffeisenlandesbank Oberösterreich AG v Meyden [2016] EWHC 414 (Ch) (28 January 2016)

Raiffeisenlandesbank Oberösterreich AG v Meyden [2016] EWHC 414 (Ch) (28 January 2016)

Where a bankruptcy order is made without jurisdiction due to the debtor's COMI not being in England and Wales, the court must annul the order as of right; section 282 discretion does not override the mandatory requirement to set aside orders made without jurisdiction.

Citation
[2016] EWHC 414 (Ch)
Parties
Applicant/appellant: Raiffeisenlandesbank Oberösterreich AG; Respondent: Nikolaus Meyden
Jurisdiction
England and Wales
Judgment Date
28 January 2016
Procedural Posture
Insolvency Appeal / Appeal From Refusal to Annul Bankruptcy Order
Outcome
appeal allowed
Legal Topics
Centre of Main Interests (comi), Annulment of Bankruptcy Order, Discretion Under Insolvency Act, EC Insolvency Regulation, Jurisdictional Nullity
Insolvency Bankruptcy Jurisdiction Centre of Main Interests (comi) Annulment of Bankruptcy Order Discretion Under Insolvency Act EC Insolvency Regulation Jurisdictional Nullity

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

Raiffeisenlandesbank Oberösterreich AG

Applicant/appellant

Nikolaus Meyden

Respondent

Procedural Posture

Insolvency Appeal / Appeal From Refusal to Annul Bankruptcy Order

Legal Issues

  1. 1 Whether the English court had jurisdiction to make the bankruptcy order under EC Insolvency Regulation and Insolvency Act
  2. 2 Whether annulment of a bankruptcy order made without jurisdiction is discretionary or mandatory

Ratio Decidendi

Where a bankruptcy order is made without jurisdiction due to the debtor's COMI not being in England and Wales, the court must annul the order as of right; section 282 discretion does not override the mandatory requirement to set aside orders made without jurisdiction.

Court Disposition

appeal allowed

Orders

  • bankruptcy order annulled under section 282(1)(a) of the Insolvency Act
  • petition dismissed