Conway and Others (as JOLs of Abraaj Holdings) v Air Arabia PJSC - Judgment
Insolvency - submission of proof of debt - whether leave to serve out of the jurisdiction required to bring fraudulent trading claim under Companies Act, s.147. Insolvency - whether Companies Act, s.147 has extraterritorial effect - whether leave to serve out of the jurisdiction required to bring fraudulent trading claim more generally. Practice and procedure - requirement in CWR O.24, r.2(1) that applications related to existing liquidation must be brought within the liquidation - whether to waive irregularity in commencing proceedings by writ. Insolvency; Fraudulent Trading; Civil Procedure; Jurisdiction; Service Out of the Jurisdiction; Company Law
| Neutral Citation | [2025] CIGC (FSD) 41 |
|---|---|
| Cause Number | FSD 0183/2024 (JAJ) |
| Court | CIGC (FSD) |
| Judge | Asif J |
| Parties | Conway and Others (as JOLs of Abraaj Holdings) v Air Arabia PJSC - Judgment |
| Judgment Date | 2025-05-20 |
| Subject | Insolvency - submission of proof of debt - whether leave to serve out of the jurisdiction required to bring fraudulent trading claim under Companies Act, s.147. Insolvency - whether Companies Act, s.147 has extraterritorial effect - whether leave to serve out of the jurisdiction required to bring fraudulent trading claim more generally. Practice and procedure - requirement in CWR O.24, r.2(1) that applications related to existing liquidation must be brought within the liquidation - whether to waive irregularity in commencing proceedings by writ. Insolvency; Fraudulent Trading; Civil Procedure; Jurisdiction; Service Out of the Jurisdiction; Company Law |
| Filename (current) | 25-05-20-Conway-and-Ors-v-Air-Arabia-PJSC-Judgment.pdf |
| Statute | Sections cited | Mentions |
|---|---|---|
| Companies Act | 145, 145, 146 and 147, 145 and 146, 146, 147, 147(2) | 84 |
| Companies (Amendment) Law, 2007 (amending) | — | 4 |
| Grand Court Rules - Vol I - Orders (subordinate) | — | 1 |
| Matrimonial Causes Rules (subordinate) | — | 1 |
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