In the Matter of A.G. Manchester Ltd (formerly Acc [2005] JRC 035D (31 March 2005)

In the Matter of A.G. Manchester Ltd (formerly Acc [2005] JRC 035D (31 March 2005)

The court held that the liquidator's statutory obligations to provide information to the Official Receiver and Secretary of State were not adequately disclosed when the original undertaking was given, and that the undertaking should be amended retrospectively to permit such disclosure, enabling the liquidator to comply with his statutory duties.

Citation
[2005] JRC 035D
Parties
Representor / Joint Liquidator: Paul Stanley; Respondent / Trustee: Equity Trust (Jersey) Limited
Jurisdiction
Jersey
Judgment Date
31 March 2005
Procedural Posture
Representation / Application for Amendment of Undertaking / Disclosure Orders
Outcome
Application granted
Legal Topics
Disclosure Orders, Liquidator's Duties, Confidentiality, Statutory Obligations, Amendment of Undertakings
Insolvency Trusts Company Law Disclosure Orders Liquidator's Duties Confidentiality Statutory Obligations Amendment of Undertakings

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Parties

Paul Stanley

Representor / Joint Liquidator

Equity Trust (Jersey) Limited

Respondent / Trustee

Procedural Posture

Representation / Application for Amendment of Undertaking / Disclosure Orders

Legal Issues

  1. 1 Whether the liquidator may disclose information obtained under court order to the Official Receiver and Secretary of State in light of statutory obligations
  2. 2 Whether the original undertaking to the court should be amended to permit such disclosure

Ratio Decidendi

The court held that the liquidator's statutory obligations to provide information to the Official Receiver and Secretary of State were not adequately disclosed when the original undertaking was given, and that the undertaking should be amended retrospectively to permit such disclosure, enabling the liquidator to comply with his statutory duties.

Court Disposition

Application granted

Orders

  • Leave granted retrospectively to amend the undertaking to permit disclosure of documents to the Official Receiver and Secretary of State for inspection to the extent not already disclosed.