Arucana Ltd, Re [2009] EWHC 3838 (Ch) (03 July 2009)

Arucana Ltd, Re [2009] EWHC 3838 (Ch) (03 July 2009)

The presentation of a winding up petition during the interim moratorium period following a notice of intention to appoint an administrator is prohibited as the institution of legal process under paragraph 43(6) of Schedule B1 to the Insolvency Act 1986, unless the court gives permission. A petition presented without...

Source-derived case information.

Citation
[2009] EWHC 3838 (Ch)
Parties
Applicant: Arucana Limited; Petitioning Creditor: Intex Projects Limited
Jurisdiction
England and Wales
Judgment Date
03 July 2009
Procedural Posture
Insolvency Application / Interlocutory Determination on Written Submissions
Outcome
Petition stayed; appointment of administrators prevented pending resolution.
Legal Topics
Administration Moratorium, Winding Up Petition, Interim Moratorium, Legal Process Under Insolvency Act 1986
Insolvency Law Company Law Administration Moratorium Winding Up Petition Interim Moratorium Legal Process Under Insolvency Act 1986

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Arucana Limited

Applicant

Intex Projects Limited

Petitioning Creditor

Procedural Posture

Insolvency Application / Interlocutory Determination on Written Submissions

Legal Issues

  1. 1 Whether the presentation of a winding up petition is prohibited during the interim moratorium following a notice of intention to appoint an administrator
  2. 2 Whether the presentation of a winding up petition without court permission is a nullity or should be stayed

Ratio Decidendi

The presentation of a winding up petition during the interim moratorium period following a notice of intention to appoint an administrator is prohibited as the institution of legal process under paragraph 43(6) of Schedule B1 to the Insolvency Act 1986, unless the court gives permission. A petition presented without permission is not a nullity but must be stayed until permission is granted or the moratorium expires.

Court Disposition

Petition stayed; appointment of administrators prevented pending resolution.

Orders

  • Winding up petition to be stayed (save for application for permission to continue) until either court permission is granted or the interim moratorium expires without an administrator being appointed.
  • Either party may request a hearing within 14 days.