Plants to Go Ltd, Re [2009] EWHC 3915 (Ch) (27 April 2009)

Plants to Go Ltd, Re [2009] EWHC 3915 (Ch) (27 April 2009)

The court is satisfied that it has the power to make a retrospective administration order to cure the defect in the appointment process, and that administration offers a realistic prospect of a better result for creditors than winding up, justifying the exercise of discretion to make the order.

Citation
[2009] EWHC 3915 (Ch)
Parties
Applicant: Mr Stephen Jeffries; Applicant: Mrs Tina Jeffries; Applicant: Theodoulos Papanicola (As Administrator of Plants to Go Limited); Respondent: Devon & Cornwall Securities Limited; Respondent: Lynn Gibson (Supervisor of the CVA)
Jurisdiction
England and Wales
Judgment Date
27 April 2009
Procedural Posture
Insolvency Application / Judgment on Application for Administration Order
Outcome
Administration order made with retrospective effect from 12:35 pm on 13 March 2009.
Legal Topics
Administration Order, Retrospective Effect, Pre Pack Administration, Voluntary Arrangement, Floating Charge
Insolvency Company Law Administration Order Retrospective Effect Pre Pack Administration Voluntary Arrangement Floating Charge

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Parties

Mr Stephen Jeffries

Applicant

Mrs Tina Jeffries

Applicant

Theodoulos Papanicola (As Administrator of Plants to Go Limited)

Applicant

Devon & Cornwall Securities Limited

Respondent

Lynn Gibson (Supervisor of the CVA)

Respondent

Procedural Posture

Insolvency Application / Judgment on Application for Administration Order

Legal Issues

  1. 1 Whether an administration order should be made with retrospective effect
  2. 2 Whether the omission to serve notice on a qualifying charge holder invalidated the out of court appointment
  3. 3 Whether administration would achieve a better result for creditors than winding up

Ratio Decidendi

The court is satisfied that it has the power to make a retrospective administration order to cure the defect in the appointment process, and that administration offers a realistic prospect of a better result for creditors than winding up, justifying the exercise of discretion to make the order.

Court Disposition

Administration order made with retrospective effect from 12:35 pm on 13 March 2009.

Orders

  • Administration order granted with retrospective effect.
  • Directors to waive substantial indebtedness as recorded in the order.