Represenation of Williams [2009] JRC 054 (24 March 2009)

Represenation of Williams [2009] JRC 054 (24 March 2009)

Assistance under Article 49 of the Bankruptcy (Désastre)(Jersey) Law 1991 should not be refused solely because the majority of claims are from a foreign revenue authority, provided there is at least one ordinary creditor who will benefit from the recovery, regardless of the proportion of their claim.

Citation
[2009] JRC 054
Parties
Representor/trustee in Bankruptcy: Stephen John Williams; Bankrupt/respondent: Michael Stephen Collett; Creditor: Her Majesty's Revenue & Customs (HMRC); Creditor: Coutts Bank
Jurisdiction
Jersey
Judgment Date
24 March 2009
Procedural Posture
Cross Border Insolvency Assistance Application / Judgment on Application for Recognition and Orders
Outcome
application granted
Legal Topics
Cross Border Insolvency, Recognition of Foreign Trustees, Enforcement of Foreign Revenue Claims, Discretionary Assistance, Private International Law Rules
Insolvency Law Private International Law Cross Border Insolvency Recognition of Foreign Trustees Enforcement of Foreign Revenue Claims Discretionary Assistance Private International Law Rules

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Parties

Stephen John Williams

Representor/trustee in Bankruptcy

Michael Stephen Collett

Bankrupt/respondent

Her Majesty's Revenue & Customs (HMRC)

Creditor

Coutts Bank

Creditor

Procedural Posture

Cross Border Insolvency Assistance Application / Judgment on Application for Recognition and Orders

Legal Issues

  1. 1 Whether the Jersey court should grant assistance to a foreign trustee in bankruptcy where the majority of claims are from a foreign revenue authority
  2. 2 Whether the presence of an ordinary creditor, even with a small claim, removes the bar on enforcement of foreign revenue claims

Ratio Decidendi

Assistance under Article 49 of the Bankruptcy (Désastre)(Jersey) Law 1991 should not be refused solely because the majority of claims are from a foreign revenue authority, provided there is at least one ordinary creditor who will benefit from the recovery, regardless of the proportion of their claim.

Court Disposition

application granted

Orders

  • Recognition of the appointment of the trustee in bankruptcy
  • Orders enabling the trustee to obtain documents and information within Jersey