Wood & Anor v Mistry

Wood & Anor v Mistry

Mr Mistry dishonestly caused sums to be paid for his benefit from liquidation estates of companies he was liquidator for, approved false invoices, and failed to recover monies owed by Safe Solutions Companies, constituting serious misconduct and breach of duty under section 4(1)(b) of the CDDA, warranting a disqualification order.

Parties
Claimant: Nicholas Stewart Wood; Claimant: James Earp; Defendant: Kirankumar Mistry
Jurisdiction
England and Wales
Judgment Date
10 July 2012
Procedural Posture
Disqualification Proceedings / Judgment
Outcome
disqualification order granted
Legal Topics
Company Directors Disqualification, Liquidator Misconduct, Fraudulent Trading, Breach of Duty
Insolvency Company Law Company Directors Disqualification Liquidator Misconduct Fraudulent Trading Breach of Duty

Case Brief

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Parties

Nicholas Stewart Wood

Claimant

James Earp

Claimant

Kirankumar Mistry

Defendant

Procedural Posture

Disqualification Proceedings / Judgment

Legal Issues

  1. 1 Whether Mr Mistry committed fraud or breach of duty as liquidator under section 4(1)(b) of the Company Directors Disqualification Act 1986
  2. 2 Whether the claimants have standing to bring the application under section 16(2) of the CDDA
  3. 3 Whether Mr Mistry failed to take steps to recover monies owed to the companies by Safe Solutions Companies

Ratio Decidendi

Mr Mistry dishonestly caused sums to be paid for his benefit from liquidation estates of companies he was liquidator for, approved false invoices, and failed to recover monies owed by Safe Solutions Companies, constituting serious misconduct and breach of duty under section 4(1)(b) of the CDDA, warranting a disqualification order.

Court Disposition

disqualification order granted

Orders

  • A 12-year disqualification order is made against Mr Kirankumar Mistry under section 4 of the Company Directors Disqualification Act 1986.