4 Dec 2023
Application refused because the court was not satisfied the debt was fully settled given inconsistent evidence, the applicant company is not a statute‑authorised applicant under ss492/493, and a perpetual stay is incompatible with s492 which requires a specified time.
16 Jun 2023
The application for a s.492 stay was dismissed because the applicant failed to prove special circumstances: there was no completed settlement or agreed time‑limited stay, no cogent evidence that revival would render the company commercially solvent, and the proposed settlement risked creating an undue preference to the petitioning creditor and prejudicing other unsecured and priority creditors (including tax).
25 May 2022
The Court of Appeal held that contributories may apply to the court under s486(2) without first obtaining the liquidator's sanction; the High Court erred in finding res judicata because prior applications did not decide merits and one suit was withdrawn with liberty to file afresh; special circumstances and fresh evidence justified a temporary stay under s492 CA 2016; appeal allowed, High Court order set aside, leave granted to file fresh suit and winding up and liquidator's actions stayed pending that suit.
8 Mar 2022
Because the statutory demand was served and 21 days elapsed without payment or satisfactory security, the Respondent was deemed unable to pay its debts; the Respondent failed to rebut the presumption despite alleging future receivables from JKR; the Judgment was final and the statutory demand effective; accordingly the winding up order was properly granted and the stay application dismissed.
20 Sept 2021
Motion dismissed and struck out in limine because the applicant is bankrupt and cannot maintain the action without sanction of the Director General of Insolvency pursuant to s38(1)(a) Insolvency Act 1967 and s438 Companies Act 2016 requires the trustee to represent the contributory; alternatively, even on merits no special circumstances justified a further stay and the 2nd stay was expressly final and binding.