In re Belgravia v [2010] JLR 247 (08 June 2010)

In re Belgravia v [2010] JLR 247 (08 June 2010)

Leave to bring an action against a company in liquidation may be granted if the same claim is also brought against a director and there is a significant risk of inconsistent findings on liability and multiplicity of proceedings; otherwise, leave is not generally granted.

Citation
[2010] JLR 247
Parties
Company in Liquidation: Belgravia
Jurisdiction
Jersey
Judgment Date
08 June 2010
Procedural Posture
Companies Winding Up / Application for Leave to Bring Action Against Company in Liquidation
Outcome
leave granted
Legal Topics
Winding Up, Leave to Sue Company in Liquidation, Creditors' Winding Up, Companies (jersey) Law 1991 Art. 159(4)
Company Law Insolvency Law Winding Up Leave to Sue Company in Liquidation Creditors' Winding Up Companies (jersey) Law 1991 Art. 159(4)

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Parties

Belgravia

Company in Liquidation

Procedural Posture

Companies Winding Up / Application for Leave to Bring Action Against Company in Liquidation

Legal Issues

  1. 1 Whether the court should grant leave under Companies (Jersey) Law 1991, art. 159(4) for an action to be brought against a company in creditors' winding up
  2. 2 Principles governing the exercise of discretion to grant leave

Ratio Decidendi

Leave to bring an action against a company in liquidation may be granted if the same claim is also brought against a director and there is a significant risk of inconsistent findings on liability and multiplicity of proceedings; otherwise, leave is not generally granted.

Court Disposition

leave granted

Orders

  • Leave granted for action to be brought against company in liquidation where same claim is also brought against a director and risk of inconsistent findings exists