Trillium (Nelson) Properties Ltd v Office Metro Ltd [2012] EWHC 1191 (Ch) (09 May 2012)

Trillium (Nelson) Properties Ltd v Office Metro Ltd [2012] EWHC 1191 (Ch) (09 May 2012)

Office Metro Limited did not have an establishment in England at the date of the presentation of the petition because its activities at the registered office were insufficient to constitute non-transitory economic activity with human means and assets as required by the EC Insolvency Regulation. The relevant date for...

Source-derived case information.

Citation
[2012] EWHC 1191 (Ch)
Parties
Petitioner: Trillium (Nelson) Properties Limited; Respondent: Office Metro Limited
Jurisdiction
England and Wales
Judgment Date
09 May 2012
Procedural Posture
Winding Up Petition / Judgment
Outcome
petition dismissed
Legal Topics
Establishment Under Insolvency Regulation, Secondary Insolvency Proceedings, Centre of Main Interest (comi), Jurisdiction for Winding Up
Insolvency Company Law Cross Border Insolvency Establishment Under Insolvency Regulation Secondary Insolvency Proceedings Centre of Main Interest (comi) Jurisdiction for Winding Up

Source-derived case record

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 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Trillium (Nelson) Properties Limited

Petitioner

Office Metro Limited

Respondent

Procedural Posture

Winding Up Petition / Judgment

Legal Issues

  1. 1 Whether Office Metro Limited had an 'establishment' in England for purposes of secondary insolvency proceedings under the EC Insolvency Regulation
  2. 2 What is the relevant date for determining existence of an establishment
  3. 3 Whether winding-up relief should be granted in England

Ratio Decidendi

Office Metro Limited did not have an establishment in England at the date of the presentation of the petition because its activities at the registered office were insufficient to constitute non-transitory economic activity with human means and assets as required by the EC Insolvency Regulation. The relevant date for determining establishment is the date of the petition, not the date of the underlying transaction.

Court Disposition

petition dismissed