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Telegram：ukassignment021 Duke Group Ltd v Carver
Chancery Division
Case Analysis
Where Reported
Case Digest
Subject: Insolvency
Keywords: Australia; Foreign jurisdictions; Liquidators; Witnesses
Summary: corporate insolvency; liquidators; assistance; examination of persons named in letters of request issued by Supreme Court of Australia
Abstract: The liquidator of DG, a South Australian company, sought orders under the Insolvency Act 1986 s.426 for seven persons to be examined in England by an Australian judge under letters of request issued by the Australian Supreme Court as to matters arising from a 1987 takeover that DG had been involved in. C and three of the others mentioned in the letters objected to the application on the ground that they either worked, or were resident, in Poland and it would be inconvenient for them to travel to England.
Held, allowing the application, that the court had discretion as to whether to accede to the letters of request. Factual errors contained in the letters did not serve to vitiate them, given their intended purpose in determining the truth. Australian law provided the most appropriate forum as all the relevant factors were closely connected with that jurisdiction and the request for assistance was validly made under Australian law, England v Smith [2001] Ch. 419 considered.
Judge: Jonathan Parker, J.
Counsel: For DGL: Martin Pascoe. For C: Daniel Lightman
Solicitor: For DGL: Arnander Irvine & Zietman. For C: Carrick Read Insolvency
Significant Cases Cited
England v Smith
[2001] Ch. 419; [2000] 2 W.L.R. 1141; [2000] B.C.C. http://www.ukassignment.org/ 123; [2000] 2 B.C.L.C. 21; [2000] I.L.Pr. 730; [2000] B.P.I.R. 28; (1999) 96(47) L.S.G. 29; (2000) 144 S.J.L.B. 8; Times, December 3, 1999; Independent, November 30, 1999; (CA (Civ Div))
Legislation Cited
Insolvency Act 1986 (c.45) s.426