Bowen Travel Ltd, Re

Bowen Travel Ltd, Re

The court found the applicants' evidence unreliable and the urgency self-induced. Given TUI's withdrawal of its petition, the Official Receiver's readiness to appoint joint liquidators, and the need for prompt investigation into the company's failure and directors' conduct, a compulsory winding-up order was deemed appropriate rather than administration.

Parties
Company: Bowen Travel Limited; Applicant Director: Ronald Alexander Graham; Applicant Director: Nicholas John Ellis; Applicant Director: Paul Howard Mason; Applicant Director: Alfred Howard Moseley; Petitioning Creditor: TUI; Interested Party: Official Receiver
Jurisdiction
England and Wales
Judgment Date
08 November 2012
Procedural Posture
Insolvency / Judgment on Application for Administration Order
Outcome
Compulsory winding-up order made.
Legal Topics
Administration Order, Compulsory Winding Up, Liquidation, Directors' Duties, Intra Group Indebtedness
Insolvency Company Law Administration Order Compulsory Winding Up Liquidation Directors' Duties Intra Group Indebtedness

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Parties

Bowen Travel Limited

Company

Ronald Alexander Graham

Applicant Director

Nicholas John Ellis

Applicant Director

Paul Howard Mason

Applicant Director

Alfred Howard Moseley

Applicant Director

TUI

Petitioning Creditor

Official Receiver

Interested Party

Procedural Posture

Insolvency / Judgment on Application for Administration Order

Legal Issues

  1. 1 Whether an administration order should be made for Bowen Travel Limited
  2. 2 Whether compulsory winding-up is more appropriate than administration
  3. 3 Reliability of directors' evidence supporting administration

Ratio Decidendi

The court found the applicants' evidence unreliable and the urgency self-induced. Given TUI's withdrawal of its petition, the Official Receiver's readiness to appoint joint liquidators, and the need for prompt investigation into the company's failure and directors' conduct, a compulsory winding-up order was deemed appropriate rather than administration.

Court Disposition

Compulsory winding-up order made.

Orders

  • Bowen Travel Limited to be wound up compulsorily.
  • Official Receiver to appoint Mr. Wong, Mr. Collishaw (Deloitte LLP), and Mr. Ariel (Baker Tilley) as joint liquidators.