Eternity Sky Investments Limited v The Estate of Zhang Zhenxin: Legal Principles Governing Appointment of Interim Receivers in Insolvent Estates

Citation: [2023] EWHC 2744 (Ch)
Judgment on


The case of Eternity Sky Investments Limited v The Estate of Zhang Zhenxin (Deceased) & Anor [2023] EWHC 2744 (Ch) represents a detailed examination of the legal principles surrounding the appointment of interim receivers, particularly concerning the insolvent estate of a deceased person. This matter was presided over by Chief Insolvency and Companies Court Judge Briggs, who provided a comprehensive analysis linking the decision-making process directly with the Insolvency Act 1986, the Insolvency Rules (England and Wales) 2016, and the Administration of Insolvent Estates of Deceased Persons Order 1986.

Key Facts

Eternity Sky Investments Limited petitioned for the appointment of interim receivers over the deceased Mr. Zhang Zhenxin’s estate citing a debt owed to them based on a personal guarantee. Mrs. Zhang, opposing the petition as a potential beneficiary, refuted claims suggesting the impropriety surrounding the guarantee due to its involvement with alleged fraudulent activities. The parties disputed whether the estate was indeed insolvent and whether the appointment of interim receivers was both necessary and legally justified.

Appointment of Interim Receivers

Section 286 of the Insolvency Act 1986 enables the court to appoint interim receivers if it is demonstrated that such an appointment is necessary for the protection of the debtor’s property. The discretion is guided by Insolvency Rules (England and Wales) 2016 rr.10.49-10.56, and it must be established that the debtor indeed cannot pay their debts, and the appointment must be likely to cause the least irremediable prejudice between the interested parties.

Necessity for Protection

The court, in exercising its discretion, had to be satisfied that the appointment of interim receivers to protect the deceased’s estate was necessary due to the evidence of post-death transactions and the lack of transparency and representation of the estate. The refusal of Mrs. Zhang to provide information and undertakings further substantiated the risk to the estate’s assets.

Likelihood of Insolvency Administration Order

Following principles from American Cyanamid, and paralleled with the appointment of provisional liquidators, the court agreed that embarking on fraudulent activities in the context of insolvency does not vitiate guarantees freely entered into by Mr. Zhang. Furthermore, the court determined that the defense raised did not meet the threshold of a serious and genuine dispute.

Assessment of Insolvency

The court concluded that Mr. Zhang’s estate was both balance sheet and cash-flow insolvent, given the substantial unpaid debt and insufficient asset value. The stance of Mrs. Zhang, viewed as not wanting to assume responsibility for an insolvent estate, and her refusal to provide visibility into the estate’s health contributed to this assessment.

Discretion in Appointment

In terms of the discretionary elements in appointing an interim receiver, the court considered the least prejudicial course of action. The objections founded on the potential disruption to businesses linked with the deceased’s estate and the considerable costs of interim receivers were not found to outweigh the necessity of protection.

Cross-Undertaking in Damages

The court considered a cross-undertaking in damages late in the hearing, finding that Eternity Sky’s proposed form and subsequent fortification met the requirements for consideration, balancing the potential prejudice to the estate against the benefits of protection.


The court ordered the appointment of interim receivers based on the provided evidence and legal reasoning. It accepted the cross-undertaking in damages by Eternity Sky. The case sets a precedent for the discretion involved in assessing the necessity for protection of an insolvent estate and reinforces the need for transparency and representation of estates.


In Eternity Sky Investments Limited v The Estate of Zhang Zhenxin (Deceased) & Anor, the court systematically applied legal principles to decide upon the necessity, and subsequent approval, of appointing interim receivers for the insolvent estate of the deceased. The judgment underscores the court’s role in balancing the competing interests of creditors and estate beneficiaries while safeguarding the assets of insolvent estates, all framed within the dictates of the Insolvency Act and relevant Rules.

Related Summaries