Baker & Anor v Biomethane (Castle Easton) Ltd (Rev 1)

Baker & Anor v Biomethane (Castle Easton) Ltd (Rev 1)

The court granted a new administration order, made it retrospective to regularise the administrators' actions and payments made during the period after the original administration expired, and extended the administration for 12 months, as the statutory requirements were met, no creditor was prejudiced, and the administration's objectives remained achievable.

Parties
Applicant: Jason Daniel Baker; Applicant: Geoffrey Paul Rowley; Respondent: Biomethane (Castle Eaton) Limited
Jurisdiction
England and Wales
Judgment Date
30 July 2019
Procedural Posture
Insolvency Application / Judgment on Application for Administration Order, Retrospective Effect, and Extension
Outcome
application granted
Legal Topics
Administration Order, Retrospective Orders, Extension of Administration, Creditor Consent, Secured and Unsecured Creditors
Insolvency Law Company Law Administration Order Retrospective Orders Extension of Administration Creditor Consent Secured and Unsecured Creditors

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Parties

Jason Daniel Baker

Applicant

Geoffrey Paul Rowley

Applicant

Biomethane (Castle Eaton) Limited

Respondent

Procedural Posture

Insolvency Application / Judgment on Application for Administration Order, Retrospective Effect, and Extension

Legal Issues

  1. 1 Whether a new administration order should be made
  2. 2 Whether the administration order should have retrospective effect
  3. 3 Whether the administration should be extended for a further period

Ratio Decidendi

The court granted a new administration order, made it retrospective to regularise the administrators' actions and payments made during the period after the original administration expired, and extended the administration for 12 months, as the statutory requirements were met, no creditor was prejudiced, and the administration's objectives remained achievable.

Court Disposition

application granted

Orders

  • A new administration order is made.
  • The administration order is given retrospective effect to the expiry of the original administration.