Sunwing Vacation Inc & Ors v E-Clear (UK) Plc & Ors

Disclosure of documents is sufficiently for the purposes of the liquidation because it may reduce the applicants’ claim against the company, benefiting creditors, and is just and beneficial under the statutory requirements.

Parties: Applicant/claimant: Sunwing Vacations Inc; Applicant/claimant: Vacances Sunwing Inc; Respondent/defendant: E-Clear (UK) PLC; Respondent/defendant (liquidator): Mr Cohen; Respondent/defendant (liquidator): Mr Nygate
Jurisdiction: England and Wales
Judgment Date: 03 June 2011
Procedural Posture: Application in Liquidation Proceedings / Ruling on Application for Disclosure Order
Outcome: Application granted; order for disclosure and inspection of specified documents made.
Legal Topics: Disclosure of Documents, Liquidation, Creditors' Rights, Court's Discretion

Insolvency Company Law Disclosure of Documents Liquidation Creditors' Rights Court's Discretion

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Parties

Sunwing Vacations Inc

Applicant/claimant

Vacances Sunwing Inc

Applicant/claimant

E-Clear (UK) PLC

Respondent/defendant

Mr Cohen

Respondent/defendant (liquidator)

Mr Nygate

Respondent/defendant (liquidator)

Procedural Posture

Application in Liquidation Proceedings / Ruling on Application for Disclosure Order

Legal Issues

1 Whether disclosure order under sections 112 and 155 of the Insolvency Act 1986 should be granted
2 Whether the order is for the purpose of the winding up
3 Whether the exercise of the power is just and beneficial

Ratio Decidendi

Court Disposition

Application granted; order for disclosure and inspection of specified documents made.

Orders

Company through its liquidators to give disclosure and permit inspection of specified classes of documents to applicants.