Nygate & Anor v E Squared Ltd [2006] EWHC 532 (Ch) (16 March 2006)

Nygate & Anor v E Squared Ltd [2006] EWHC 532 (Ch) (16 March 2006)

Provided the notice is sent by the administrator before his appointment ceases, registration of the notice by the registrar is effective to place the company into liquidation, even if registration occurs after the administrator's appointment has ended.

Citation
[2006] EWHC 532 (Ch)
Parties
Applicant: Anthony David Nygate; Applicant: Shay Bannon; Respondent: E Squared Limited; Applicant: Maurice Moses; Applicant: Simon Elliott Glyn; Respondent: Sussex Pharmaceuticals Limited
Jurisdiction
England and Wales
Judgment Date
16 March 2006
Procedural Posture
Insolvency Application / Judgment on Applications Regarding Transition From Administration to Creditors' Voluntary Liquidation
Outcome
Declaration granted
Legal Topics
Administration to Liquidation Transition, Creditors' Voluntary Liquidation, Statutory Interpretation, Insolvency Act 1986 Schedule B1 Paragraph 83
Insolvency Company Law Administration to Liquidation Transition Creditors' Voluntary Liquidation Statutory Interpretation Insolvency Act 1986 Schedule B1 Paragraph 83

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Parties

Anthony David Nygate

Applicant

Shay Bannon

Applicant

E Squared Limited

Respondent

Maurice Moses

Applicant

Simon Elliott Glyn

Applicant

Sussex Pharmaceuticals Limited

Respondent

Procedural Posture

Insolvency Application / Judgment on Applications Regarding Transition From Administration to Creditors' Voluntary Liquidation

Legal Issues

  1. 1 Whether registration of notice by registrar after expiry of administrator's appointment is effective to place company into liquidation under paragraph 83 of Schedule B1 to the Insolvency Act 1986

Ratio Decidendi

Provided the notice is sent by the administrator before his appointment ceases, registration of the notice by the registrar is effective to place the company into liquidation, even if registration occurs after the administrator's appointment has ended.

Court Disposition

Declaration granted

Orders

  • Declaration that the company in each case was wound up on the date of registration of the relevant notice.
  • Declaration that the liquidators of each company are its former administrators.