A Company (Number CR-2024-BHM-000012), Re

A Company (Number CR-2024-BHM-000012), Re

A winding up petition is only presented when delivered to the court and all statutory requirements, including payment of the Official Receiver’s deposit, are fulfilled. The First Order was overtaken by events as the petition was validly presented and issued before the order was sealed and circulated. The Judge was entitled to rescind the First Order and dismiss the application.

Parties
Company/appellant: Joe Mulhall; Petitioner/respondent: Micheál Murphy
Jurisdiction
England and Wales
Judgment Date
15 May 2025
Procedural Posture
Civil Appeal / Appeal From High Court Order
Outcome
Appeal dismissed
Legal Topics
Winding Up Petition, Electronic Filing, Court Orders, Official Receiver's Deposit
Insolvency Company Law Civil Procedure Winding Up Petition Electronic Filing Court Orders Official Receiver's Deposit

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Parties

Joe Mulhall

Company/appellant

Micheál Murphy

Petitioner/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Order

Legal Issues

  1. 1 When is a winding up petition presented under electronic working?
  2. 2 Effect of payment of Official Receiver's deposit on presentation
  3. 3 Validity and timing of court orders restraining presentation or issue of winding up petitions

Ratio Decidendi

A winding up petition is only presented when delivered to the court and all statutory requirements, including payment of the Official Receiver’s deposit, are fulfilled. The First Order was overtaken by events as the petition was validly presented and issued before the order was sealed and circulated. The Judge was entitled to rescind the First Order and dismiss the application.

Court Disposition

Appeal dismissed

Orders

  • Maintain injunction against advertisement of the Petition until after hearing of the application in Manchester or further order.
  • No order as to costs.