1998/35A - Smith and Inter Estate [1998] UR 35A (18 February 1998)

1998/35A - Smith and Inter Estate [1998] UR 35A (18 February 1998)

Mr Evans breached his duty as liquidator by acting unilaterally, failing to update the bank mandate, and improperly transferring company assets without co-liquidator consent or court approval. The court has jurisdiction to remove a liquidator and order restitution where misconduct is established.

Citation
[1998] UR 35A
Parties
Applicant: Godfrey St. J Smith; Respondent: John Glyn Evans; Interested Party: National Westminster Bank plc
Jurisdiction
Jersey
Judgment Date
18 February 1998
Procedural Posture
Liquidation Representation / Final Judgment
Outcome
Prayer of the representation granted; Mr Evans removed as joint liquidator; Mr Smith appointed sole liquidator; orders made for bank mandate and restitution.
Legal Topics
Liquidator Removal, Liquidator Appointment, Bank Mandate, Restitution, Breach of Duty
Company Law Insolvency Liquidator Removal Liquidator Appointment Bank Mandate Restitution Breach of Duty

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Parties

Godfrey St. J Smith

Applicant

John Glyn Evans

Respondent

National Westminster Bank plc

Interested Party

Procedural Posture

Liquidation Representation / Final Judgment

Legal Issues

  1. 1 Whether John Glyn Evans should be removed as joint liquidator
  2. 2 Whether Godfrey St. J Smith should be appointed sole liquidator
  3. 3 Whether National Westminster Bank plc should provide a mandate to the applicant

Ratio Decidendi

Mr Evans breached his duty as liquidator by acting unilaterally, failing to update the bank mandate, and improperly transferring company assets without co-liquidator consent or court approval. The court has jurisdiction to remove a liquidator and order restitution where misconduct is established.

Court Disposition

Prayer of the representation granted; Mr Evans removed as joint liquidator; Mr Smith appointed sole liquidator; orders made for bank mandate and restitution.

Orders

  • John Glyn Evans removed as joint liquidator of Inter Estate Limited
  • Godfrey St. J Smith appointed sole liquidator of Inter Estate Limited