Representation of NMC Health Plc Ltd 07-Apr-2021 [2021] JRC 097 (07 April 2021)

Representation of NMC Health Plc Ltd 07-Apr-2021 [2021] JRC 097 (07 April 2021)

Given the insolvency of the Company, the disappearance of its directors, and the lack of practical alternatives, it is just and equitable to order the winding up of the Company and to make ancillary orders to ensure an orderly process.

Citation
[2021] JRC 097
Parties
Representor: NMC Health Plc; Company: NMC Health (Jersey) Limited
Jurisdiction
Jersey
Judgment Date
07 April 2021
Procedural Posture
Companies Equitable Winding Up / Ex Tempore Judgment on Application for Just and Equitable Winding Up
Outcome
Application granted; Company to be wound up on just and equitable grounds.
Legal Topics
Equitable Winding Up, Insolvency Proceedings, Appointment of Liquidators
Insolvency Company Law Equitable Winding Up Insolvency Proceedings Appointment of Liquidators

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Parties

NMC Health Plc

Representor

NMC Health (Jersey) Limited

Company

Procedural Posture

Companies Equitable Winding Up / Ex Tempore Judgment on Application for Just and Equitable Winding Up

Legal Issues

  1. 1 Whether the Company should be wound up on just and equitable grounds
  2. 2 Appropriateness of appointing joint liquidators given the disappearance of directors
  3. 3 Whether ancillary orders should be made under Article 155(4)(c) of the Companies (Jersey) Law 1991

Ratio Decidendi

Given the insolvency of the Company, the disappearance of its directors, and the lack of practical alternatives, it is just and equitable to order the winding up of the Company and to make ancillary orders to ensure an orderly process.

Court Disposition

Application granted; Company to be wound up on just and equitable grounds.

Orders

  • Order for just and equitable winding up of NMC Health (Jersey) Limited.
  • Appointment of joint liquidators with powers equivalent to those under Chapter 4 of Part 21 of the Companies (Jersey) Law 1991 as permitted by Article 155(4)(c).