22 Dec 2008
The court was satisfied that Kenlap is insolvent and that winding up is just and equitable and in the best interests of its creditors; accordingly a winding-up order was made and the petitioner's costs were ordered to be paid out of the company's assets.
3 Aug 2007
The company was a quasi‑partnership formed on mutual trust; the 1st respondent unjustifiably excluded the petitioner from management and acted in bad faith by using company funds and assets to set up and benefit New West US; the 10th Floor property was held on constructive and resulting trust for the company because funds of the company were used and there was a common intention; given the breakdown, insolvency risks and impracticality of a buy‑out, winding up the company on just and equitable grounds was the appropriate remedy.
8 Aug 1980
The landlord proved on the balance of probabilities that she reasonably required the disputed premises for her own occupation; the tenant failed to establish that, in all the circumstances, it would manifestly not be just and equitable to grant possession. Therefore the court must grant the possession order. The tenant bears a heavy burden under the proviso; 'manifestly' requires clear and cogent proof of injustice outweighing the landlord's reasonable need, although hardship is a relevant factor among all circumstances to be considered.