In the matter of Property Professionals & Ltd

In the matter of Property Professionals & Ltd

The company was validly wound up as the Form 2.34B was sent and received while the administrators were still in office, and the registration of the form by the Registrar of Companies effected the transition to liquidation. The appointments of both sets of liquidators were valid, and the voluntary liquidation was...

Source-derived case information.

Parties
Applicant: HSBC Merchant Services LLP; Respondent: Gordon Johnston; Respondent: Shane Biddlecombe; Respondent: Peter Windatt; Respondent: Alan Limb; Respondent: Registrar of Companies
Jurisdiction
England and Wales
Judgment Date
08 July 2013
Procedural Posture
Insolvency Application / Judgment
Outcome
Application allowed; voluntary liquidation and liquidator appointments declared valid.
Legal Topics
Administration to Liquidation Transition, Appointment of Liquidators, Validity of Forms, Statutory Interpretation
Insolvency Law Administration to Liquidation Transition Appointment of Liquidators Validity of Forms Statutory Interpretation

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Parties

HSBC Merchant Services LLP

Applicant

Gordon Johnston

Respondent

Shane Biddlecombe

Respondent

Peter Windatt

Respondent

Alan Limb

Respondent

Registrar of Companies

Respondent

Procedural Posture

Insolvency Application / Judgment

Legal Issues

  1. 1 Whether Property Professionals + Limited was validly wound up pursuant to paragraph 83(6)(b) of Schedule B1 of the Insolvency Act 1986
  2. 2 Whether Gordon Johnston and Shane Biddlecombe were validly appointed Liquidators in February 2011
  3. 3 Whether Peter Windatt and Alan Limb were validly appointed as Joint Liquidators at the creditors' meeting on 30 January 2013

Ratio Decidendi

The company was validly wound up as the Form 2.34B was sent and received while the administrators were still in office, and the registration of the form by the Registrar of Companies effected the transition to liquidation. The appointments of both sets of liquidators were valid, and the voluntary liquidation was effective.

Court Disposition

Application allowed; voluntary liquidation and liquidator appointments declared valid.

Orders

  • Permission granted to withdraw winding-up petition.
  • Company found to be in liquidation; appointments of liquidators confirmed.