Bluzwed Metals Ltd. v. Transworld Metals S.A. [2001] IEHC 89 (9th May, 2001)
The application to postpone the winding up proceedings is refused because the company is paralysed by deadlock, the just and equitable ground for winding up is established, and the Lugano Convention requires the Irish court to proceed without deferring to the Swiss proceedings.
- Citation
- [2001] IEHC 89
- Parties
- Claimant: Claimant; Respondent: Respondent
- Jurisdiction
- Ireland
- Procedural Posture
- Company Winding Up Application / Motion to Postpone Winding Up Pending Foreign Proceedings
- Outcome
- application for postponement refused
- Legal Topics
- Winding Up on Just and Equitable Ground, Deadlock Between Partners, Lugano Convention, Postponement of Proceedings
Case Brief
Summary, issues, holding and outcome
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Parties
Claimant
Claimant
Respondent
Respondent
Procedural Posture
Company Winding Up Application / Motion to Postpone Winding Up Pending Foreign Proceedings
Legal Issues
- 1 Whether the company should be wound up on the just and equitable ground due to deadlock
- 2 Whether the winding up proceedings should be postponed pending Swiss court proceedings
Ratio Decidendi
The application to postpone the winding up proceedings is refused because the company is paralysed by deadlock, the just and equitable ground for winding up is established, and the Lugano Convention requires the Irish court to proceed without deferring to the Swiss proceedings.
Court Disposition
application for postponement refused
Orders
- Application to postpone winding up proceedings is refused.
- A liquidator is to be appointed to the company at the earliest opportunity.
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