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England and Wales decisions
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The Court found that TYG Oncology Limited is functionally deadlocked and that there has been a total breakdown of trust and confidence between directors, in a company properly considered a quasi-partnership. No alternative remedy exists and the Petitioner is not barred by the clean hands doctrine. Winding up is just and equitable.
Source excerpt
Khan v Miah & Anor (Re Nimah Tandoori Ltd) [2025] EWHC 635 (Ch) (20 March 2025)
Winding-up petition dismissed where a restaurant company was found not to be in functional deadlock, and the petitioner unreasonably رفض offers to buy his share.
The High Court dismissed a just-and-equitable winding-up petition over a restaurant company, finding no functional deadlock and that the petitioner was acting unreasonably.
Khera v Palladian Capital Ltd & Anor [2024] EWHC 1009 (Ch) (01 May 2024)
The High Court ordered winding up of two insolvent, deadlocked companies after rejecting arguments that the petitioner’s debt was assigned or that a cross-claim defeated the petitions.
Tosi Ltd v 99 Hippos Ltd & Anor [2023] EWHC 852 (Ch) (19 April 2023)
The High Court rejected all pleaded unfair prejudice claims between the joint owners of a corporate group, finding no proven exclusion, diversion, or misappropriation.
The court dismissed a contributory’s just and equitable winding-up petition after finding the petitioner had not reasonably pursued alternatives and was chiefly responsible for the breakdown.
Tonstate Group Ltd & Ors v Wojakovski [2019] EWHC 857 (Ch) (28 March 2019)
The High Court allowed derivative claims to proceed, refused a pre-emptive indemnity for the yellow companies, and declined injunctions restraining company-funded litigation, subject to a £3 million cap.
The High Court refused a stay of a company petition pending Russian arbitration, holding section 9 did not apply and no discretionary stay was justified.
J&W Sanderson Ltd v Fenox (UK) Ltd & Ors [2014] EWHC 4322 (Ch) (18 December 2014)
The High Court refused a stay of a shareholder petition pending arbitration, holding that section 9 did not apply and no discretionary stay was justified.
The High Court held that a family farming company was a quasi-partnership marked by deadlock and loss of trust, and ordered it wound up just and equitably.
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