Officeserve Technologies Ltd, Re

Officeserve Technologies Ltd, Re

The administration application is dismissed because, although the statutory purpose for administration is technically met, the significant post-petition dispositions and the potential loss of section 127 protections mean that a winding up order is more appropriate to safeguard creditor interests.

Parties
Applicant/company: Officeserve Technologies Limited; Petitioner (winding Up): Ben Thompson; Supporting Creditor: Frank Philips; Creditor: Bird & Bird LLP
Jurisdiction
England and Wales
Judgment Date
08 February 2017
Procedural Posture
Insolvency/administration Application / Judgment on Application for Administration Order
Outcome
Administration application dismissed
Legal Topics
Administration, Winding Up, Section 127 Insolvency Act 1986, Post Petition Dispositions
Insolvency Law Company Law Administration Winding Up Section 127 Insolvency Act 1986 Post Petition Dispositions

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Parties

Officeserve Technologies Limited

Applicant/company

Ben Thompson

Petitioner (winding Up)

Frank Philips

Supporting Creditor

Bird & Bird LLP

Creditor

Procedural Posture

Insolvency/administration Application / Judgment on Application for Administration Order

Legal Issues

  1. 1 Whether an administration order should be made for Officeserve Technologies Limited instead of a winding up order
  2. 2 Whether the statutory purpose of administration is met
  3. 3 Impact of section 127 Insolvency Act 1986 on post-petition dispositions

Ratio Decidendi

The administration application is dismissed because, although the statutory purpose for administration is technically met, the significant post-petition dispositions and the potential loss of section 127 protections mean that a winding up order is more appropriate to safeguard creditor interests.

Court Disposition

Administration application dismissed

Orders

  • Administration application dismissed
  • No order made regarding transfer of the winding up petition; it remains before the Bristol court