Re HIH Casualty & General Insurance Pty Limited

[2006] EWCA Civ 732

In circumstances where an Australian group of companies was in liquidation in England, the English courts had jurisdiction to entertain a request under the Insolvency Act 1986 s.426for directions to the liquidators in England to transfer assets collected by them to the liquidators in the principal Australian liquidation even though the result of such a transfer would be to interfere with the statutory scheme imposed on the assets by the 1986 Act.  Whether or not to sanction such a transfer would be a matter for the discretion of the court.