Customs & Excise v Computer Servicing (South East) Ltd [2001] EWCA Civ 1564 (16 October 2001)

Customs & Excise v Computer Servicing (South East) Ltd [2001] EWCA Civ 1564 (16 October 2001)

The stay of the winding-up order is justified to allow time for the rescission application, as there is credible evidence of imminent investment sufficient to render the company solvent.

Citation
[2001] EWCA Civ 1564
Parties
Petitioner/respondent: Customs and Excise; Respondent/applicant: Computer Servicing (South East) Limited; Other: Official Receiver
Jurisdiction
England and Wales
Judgment Date
16 October 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal Against Winding Up Order
Outcome
Application for permission to appeal adjourned; winding-up order stayed pending rescission application.
Legal Topics
Winding Up, Rescission of Winding Up Order, Stay of Proceedings
Insolvency Company Law Winding Up Rescission of Winding Up Order Stay of Proceedings

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Parties

Customs and Excise

Petitioner/respondent

Computer Servicing (South East) Limited

Respondent/applicant

Official Receiver

Other

Procedural Posture

Civil Appeal / Application for Permission to Appeal Against Winding Up Order

Legal Issues

  1. 1 Whether to grant permission to appeal against the winding-up order
  2. 2 Whether to stay the winding-up order pending an application for rescission

Ratio Decidendi

The stay of the winding-up order is justified to allow time for the rescission application, as there is credible evidence of imminent investment sufficient to render the company solvent.

Court Disposition

Application for permission to appeal adjourned; winding-up order stayed pending rescission application.

Orders

  • Upon undertaking by Mr Polya to lodge the rescission application by 4.00pm on 17 October 2001, the winding-up order is stayed until after the hearing of that application or further order; application for permission to appeal adjourned to 30 October 2001.