Rubin v Gunner & Anor

Rubin v Gunner & Anor

Respondents, by 15 October 1998, ought to have concluded there was no reasonable prospect that RGO would avoid insolvent liquidation; continued trading and payment of salaries after this date was unreasonable and in breach of duty; Applicant entitled to declaration under IA s.214(1) for contribution to RGO's assets.

Parties
Applicant: David Anthony Rubin; Respondent: Roderick David Gunner; Respondent: Christopher Maston Gunner
Jurisdiction
England and Wales
Judgment Date
01 March 2004
Procedural Posture
Application / Judgment
Outcome
Declaration granted; Respondents liable to make contribution to RGO's assets; enquiry directed to establish contribution amount.
Legal Topics
Wrongful Trading, Misfeasance, Director's Duties, Transactions Involving Directors
Insolvency Company Law Wrongful Trading Misfeasance Director's Duties Transactions Involving Directors

Case Brief

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 3 Party arguments 2 Amounts and remedies 19
Sign in to unlock

Parties

David Anthony Rubin

Applicant

Roderick David Gunner

Respondent

Christopher Maston Gunner

Respondent

Procedural Posture

Application / Judgment

Legal Issues

  1. 1 Whether the Respondents are liable for wrongful trading under IA s.214
  2. 2 Whether the Respondents committed misfeasance or breach of duty under IA s.212
  3. 3 Whether the Respondents are liable under CA s.322A for transactions involving directors

Ratio Decidendi

Respondents, by 15 October 1998, ought to have concluded there was no reasonable prospect that RGO would avoid insolvent liquidation; continued trading and payment of salaries after this date was unreasonable and in breach of duty; Applicant entitled to declaration under IA s.214(1) for contribution to RGO's assets.

Court Disposition

Declaration granted; Respondents liable to make contribution to RGO's assets; enquiry directed to establish contribution amount.

Orders

  • Declaration under IA s.214(1) that Respondents are liable to make contribution to RGO's assets.
  • Direction for enquiry to establish contribution amount.