|
The Appellant appeals against
such order.
At the outset of this appeal
Mr Conti, on behalf of the Appellant, sought an adjournment. He
reminded us that on 10th October 1997 the Appellant had filed an
application in the Turku Region District Court in Finland challenging
the resolution referred to in paragraph 6[b] of the Minutes of the
Creditors' meeting on 10th September 1997, which purported to authorise
the agreement between the Respondent and the Trustees, and that
the Appellant sought relief on the basis that the resolution was
unlawful and the subsequent agreement between the Respondent and
the Trustees was null and void. Whilst this application had not
been pursued because he thought he had secured an agreement with
the. Finnish Bankruptcy lnspector, the Appellant now wished to pursue
such application This application was vigorously contested by Mr
Caine, on behalf of the Respondent who observed that no such adjournment
had been sought from Acting Deemster .Corrin. We agree with Mr.
Caine that it would appear that the Appellant had only sought to
pursue his Finnish application in the face of an adverse decision
from Acting Deemst Corrin. Furthermore Mr Caine submitted that
[a] it would be unjust to grant
an adjournment for an unspecified period, Mr Conti having conceded
that there was likely to be an appeal from the decision of the
District Court so that there was unlikely to be any final determination
before late 1999 at the earliest, and that in any event
[b] evidence relating to a future
decision of the Finnish Court would be -
[1] inadmissible since by prompt prosecution
of the Finnish application and/or adjournment of the hearing
before Acting Deemster Corrin, such evidence could have been
before Acting Deemster Corrin so that this Court should not
exercise its discretion under Order 45 Rule 9 of the Rules of
Court to allow such further evidence to be adduced
[2] irrelevant on the basis that, if
a Finnish Court finds that there has been any infringement of
Finnish bankruptcy law, the Appellant's remedy lies against
the Trustees in Finland and not against the Respondent here.
|