Matthew Robert Haw & Anor v QM Systems Limited (in administration)

Matthew Robert Haw & Anor v QM Systems Limited (in administration)

The procedural defects in the notice of appointment—incorrect heading, failure to file three copies, and failure to exhibit the QFCH consent—are not fundamental and do not invalidate the administrators' appointment. No substantial injustice has been caused, and the court cures the defects under r.12.64 IR.

Parties
Applicant: Matthew Robert Haw; Applicant: Diana Frangou; Respondent: QM Systems Limited (In Administration)
Jurisdiction
England and Wales
Judgment Date
29 July 2024
Procedural Posture
Insolvency Application / Judgment on Application to Confirm Validity of Administrators' Appointment
Outcome
Application granted
Legal Topics
Appointment of Administrators, Procedural Defects, Validity of Appointment, Court's Power to Cure Defects
Insolvency Company Law Appointment of Administrators Procedural Defects Validity of Appointment Court's Power to Cure Defects

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Parties

Matthew Robert Haw

Applicant

Diana Frangou

Applicant

QM Systems Limited (In Administration)

Respondent

Procedural Posture

Insolvency Application / Judgment on Application to Confirm Validity of Administrators' Appointment

Legal Issues

  1. 1 Whether procedural defects in the notice of appointment invalidate the appointment of administrators
  2. 2 Whether the court should confirm the validity of the appointment despite procedural irregularities

Ratio Decidendi

The procedural defects in the notice of appointment—incorrect heading, failure to file three copies, and failure to exhibit the QFCH consent—are not fundamental and do not invalidate the administrators' appointment. No substantial injustice has been caused, and the court cures the defects under r.12.64 IR.

Court Disposition

Application granted

Orders

  • The validity of the appointment of Matthew Robert Haw and Diana Frangou as joint administrators of QM Systems Limited (In Administration) is confirmed notwithstanding the procedural defects.
  • Applicants' solicitors to provide a detailed explanation of the electronic filing issues to the court.