Rep of Harbour -v- Orb [2016] JRC 171 (28 September 2016)

Rep of Harbour -v- Orb [2016] JRC 171 (28 September 2016)

Harbour is a creditor of ORB with a liquidated claim and ORB is cash-flow insolvent, but there is insufficient evidence of a substantial connection to England to justify issuing a letter of request for administration. Administration is not shown to be more effective than a declaration en désastre under Jersey law.

Citation
[2016] JRC 171
Parties
Applicant: Harbour; Respondent: ORB a.r.l.; Intervener: Litigation Capital
Jurisdiction
Jersey
Judgment Date
28 September 2016
Procedural Posture
Insolvency Application / Judgment on Application for Letter of Request to English High Court
Outcome
application dismissed
Legal Topics
Letter of Request, Administration Order, Liquidated Claim, Cash Flow Insolvency, Jurisdiction, Discretion in Insolvency Proceedings
Insolvency Cross Border Insolvency Company Law Letter of Request Administration Order Liquidated Claim Cash Flow Insolvency Jurisdiction +1 more

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Parties

Harbour

Applicant

ORB a.r.l.

Respondent

Litigation Capital

Intervener

Procedural Posture

Insolvency Application / Judgment on Application for Letter of Request to English High Court

Legal Issues

  1. 1 Whether Harbour is a creditor of ORB with a liquidated claim
  2. 2 Whether ORB is cash-flow insolvent
  3. 3 Whether the Royal Court should issue a letter of request to the English High Court for administration of ORB

Ratio Decidendi

Harbour is a creditor of ORB with a liquidated claim and ORB is cash-flow insolvent, but there is insufficient evidence of a substantial connection to England to justify issuing a letter of request for administration. Administration is not shown to be more effective than a declaration en désastre under Jersey law.

Court Disposition

application dismissed

Orders

  • The Court declines to issue a letter of request to the English High Court for administration of ORB.
  • Harbour may pursue other remedies, including application for declaration en désastre.