AMCD (Property Holdings Ltd.), Re

AMCD (Property Holdings Ltd.), Re

The applicant failed to prove the company is unable to pay its debts or that administration would better achieve the purpose than liquidation; thus, there is no jurisdiction to make an administration order.

Parties
Applicant: AMCD (Property Holdings Limited); Interested Party: Toha Properties Limited; Creditor: Mr Gower
Jurisdiction
England and Wales
Judgment Date
15 June 2004
Procedural Posture
Insolvency/administration Application / Judgment on Application for Administration Order
Outcome
Application refused
Legal Topics
Administration Order, Jurisdiction for Administration, Insolvency Test, Purpose of Administration
Insolvency Law Company Law Administration Order Jurisdiction for Administration Insolvency Test Purpose of Administration

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Parties

AMCD (Property Holdings Limited)

Applicant

Toha Properties Limited

Interested Party

Mr Gower

Creditor

Procedural Posture

Insolvency/administration Application / Judgment on Application for Administration Order

Legal Issues

  1. 1 Whether the company is insolvent for purposes of administration
  2. 2 Whether the purpose of administration is likely to be achieved

Ratio Decidendi

The applicant failed to prove the company is unable to pay its debts or that administration would better achieve the purpose than liquidation; thus, there is no jurisdiction to make an administration order.

Court Disposition

Application refused

Orders

  • Application for administration order is refused