Bisson v 3B Holding Ltd [2012] JRC 021 (23 January 2012)

Bisson v 3B Holding Ltd [2012] JRC 021 (23 January 2012)

There is no evidence that the joint liquidators colluded with the Comptroller or acted improperly. The allegations of fraud and breach of duty are unfounded. The joint liquidators acted neutrally and in accordance with their duties. The threshold for removal of a court-appointed liquidator is not met; no reasonable grounds or cause for removal have been established.

Citation
[2012] JRC 021
Parties
Representor: Roger Bisson; Representor: Bissons Limited; Representor: Glenvil Bisson; Respondent: 3B Holdings Limited; Respondent (joint Liquidator): Adrian John Denis Rabet; Respondent (joint Liquidator): Alan John Roberts
Jurisdiction
Jersey
Judgment Date
23 January 2012
Procedural Posture
Application for Removal of Liquidators / Final Judgment
Outcome
application dismissed
Legal Topics
Removal of Liquidator, Fiduciary Duties of Liquidator, Transfer of Going Concern, GST Liability, Judicial Review, Article 10 Bankruptcy Law, Article 17(6) Goods and Services Tax Law
Insolvency Company Law Removal of Liquidator Fiduciary Duties of Liquidator Transfer of Going Concern GST Liability Judicial Review Article 10 Bankruptcy Law +1 more

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Parties

Roger Bisson

Representor

Bissons Limited

Representor

Glenvil Bisson

Representor

3B Holdings Limited

Respondent

Adrian John Denis Rabet

Respondent (joint Liquidator)

Alan John Roberts

Respondent (joint Liquidator)

Procedural Posture

Application for Removal of Liquidators / Final Judgment

Legal Issues

  1. 1 Whether the joint liquidators should be removed for alleged collusion or failure in their duties
  2. 2 Whether the joint liquidators acted improperly or in breach of trust/confidence
  3. 3 Whether the Comptroller attempted to transfer GST liability from 3B Holdings to Bissons Limited in breach of Article 10 of the Bankruptcy Law

Ratio Decidendi

There is no evidence that the joint liquidators colluded with the Comptroller or acted improperly. The allegations of fraud and breach of duty are unfounded. The joint liquidators acted neutrally and in accordance with their duties. The threshold for removal of a court-appointed liquidator is not met; no reasonable grounds or cause for removal have been established.

Court Disposition

application dismissed

Orders

  • The application for removal of the joint liquidators is refused.
  • The joint liquidators remain in office.