Data Power Systems Ltd & Ors v Safehosts (London) Ltd & Anor [2013] EWHC 2479 (Ch) (17 May 2013)

Data Power Systems Ltd & Ors v Safehosts (London) Ltd & Anor [2013] EWHC 2479 (Ch) (17 May 2013)

The court refused to make an administration order because there was insufficient credible evidence that administration was reasonably likely to achieve its statutory purpose. The application was instead treated as a winding up petition and a provisional liquidator was appointed to realise the company's assets for the benefit of creditors.

Citation
[2013] EWHC 2479 (Ch)
Parties
Applicant: Data Power Systems Limited; Applicant: Alisdair James Findlay; Applicant: Safehosts Limited; Respondent: Safehosts (London) Limited; Respondent (proposed Administrator): Michael Durkan; Interested Party: David Pearlman; Further Respondent (proposed Joint Administrator): Simon Robeert Thomas; Further Respondent (proposed Joint Administrator): Shelley Anne Bullman
Jurisdiction
England and Wales
Judgment Date
17 May 2013
Procedural Posture
Administration Application / Insolvency Proceedings / Judgment on Application for Administration Order
Outcome
Application for administration order refused; application treated as winding up petition; provisional liquidator appointed; company subsequently wound up.
Legal Topics
Administration Orders, Winding Up, Appointment of Provisional Liquidator, Insolvency Act 1986, Schedule B1, Section 125, Section 135
Insolvency Company Law Administration Orders Winding Up Appointment of Provisional Liquidator Insolvency Act 1986 Schedule B1 Section 125 +1 more

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Parties

Data Power Systems Limited

Applicant

Alisdair James Findlay

Applicant

Safehosts Limited

Applicant

Safehosts (London) Limited

Respondent

Michael Durkan

Respondent (proposed Administrator)

David Pearlman

Interested Party

Simon Robeert Thomas

Further Respondent (proposed Joint Administrator)

Shelley Anne Bullman

Further Respondent (proposed Joint Administrator)

Procedural Posture

Administration Application / Insolvency Proceedings / Judgment on Application for Administration Order

Legal Issues

  1. 1 Whether the court should make an administration order in respect of Safehosts (London) Limited
  2. 2 Whether the statutory purpose of administration is reasonably likely to be achieved
  3. 3 Whether to treat the application as a winding up petition and appoint a provisional liquidator

Ratio Decidendi

The court refused to make an administration order because there was insufficient credible evidence that administration was reasonably likely to achieve its statutory purpose. The application was instead treated as a winding up petition and a provisional liquidator was appointed to realise the company's assets for the benefit of creditors.

Court Disposition

Application for administration order refused; application treated as winding up petition; provisional liquidator appointed; company subsequently wound up.

Orders

  • Application for administration order dismissed
  • Application treated as winding up petition