Bisson v Bish [2008] JRC 193 (11 November 2008)

Bisson v Bish [2008] JRC 193 (11 November 2008)

The company is paralysed by deadlock between two opposed and uncooperative factions, making it impossible to manage its affairs. This constitutes just and equitable grounds for winding up under Article 155 of the Companies (Jersey) Law 1991.

Citation
[2008] JRC 193
Parties
Representor: Glenvil Bisson; Respondent: Hazel Bish; Respondent: Suzanne Barker; Respondent: Paul Bish; Company: 3B Holdings Limited; Liquidator: Adrian Rabet; Liquidator: Allen Roberts; Intervenor: The Viscount
Jurisdiction
Jersey
Judgment Date
11 November 2008
Procedural Posture
Company Winding Up / Judgment on Winding Up Petition
Outcome
Winding up order granted
Legal Topics
Just and Equitable Winding Up, Deadlock, Quasi Partnership, Liquidator Appointment
Company Law Insolvency Law Just and Equitable Winding Up Deadlock Quasi Partnership Liquidator Appointment

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Parties

Glenvil Bisson

Representor

Hazel Bish

Respondent

Suzanne Barker

Respondent

Paul Bish

Respondent

3B Holdings Limited

Company

Adrian Rabet

Liquidator

Allen Roberts

Liquidator

The Viscount

Intervenor

Procedural Posture

Company Winding Up / Judgment on Winding Up Petition

Legal Issues

  1. 1 Whether the company should be wound up on just and equitable grounds under Article 155 of the Companies (Jersey) Law 1991
  2. 2 Whether deadlock and breakdown of trust justify a winding up order
  3. 3 Whether the Viscount can or should be appointed as liquidator

Ratio Decidendi

The company is paralysed by deadlock between two opposed and uncooperative factions, making it impossible to manage its affairs. This constitutes just and equitable grounds for winding up under Article 155 of the Companies (Jersey) Law 1991.

Court Disposition

Winding up order granted

Orders

  • 3B Holdings Limited is wound up under Article 155 of the Companies (Jersey) Law 1991.
  • Adrian Rabet and Allen Roberts appointed as liquidators.