Leicester v Stevenson [2002] EWHC 2831 (Ch) (29 November 2002)

Leicester v Stevenson [2002] EWHC 2831 (Ch) (29 November 2002)

The application to rescind the winding up order was dismissed because the order was properly made, the debt was owed to Lidel Ltd as acknowledged by Mr Leicester and the company, there was no procedural irregularity, and the delay of over three years in making the application was unjustified.

Citation
[2002] EWHC 2831 (Ch)
Parties
Claimant: Leicester; Defendant: Stevenson
Jurisdiction
England and Wales
Judgment Date
29 November 2002
Procedural Posture
Appeal / Judgment
Outcome
application dismissed
Legal Topics
Winding Up Order, Liquidation, Rescission of Order, Creditor Claims, Delay in Application
Insolvency Company Law Winding Up Order Liquidation Rescission of Order Creditor Claims Delay in Application

Case Brief

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Parties

Leicester

Claimant

Stevenson

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the winding up order against Wilton Fair Ltd should be rescinded
  2. 2 Whether the debt was owed to Lidel Ltd or to Mr Leicester personally
  3. 3 Whether delay in applying to rescind the order is justified

Ratio Decidendi

The application to rescind the winding up order was dismissed because the order was properly made, the debt was owed to Lidel Ltd as acknowledged by Mr Leicester and the company, there was no procedural irregularity, and the delay of over three years in making the application was unjustified.

Court Disposition

application dismissed

Orders

  • Application to rescind the winding up order is refused.