23 Aug 2023
C & E Limmer failed to comply with a statutory demand and produced no cogent evidence to rebut the resulting presumption of inability to pay; therefore the company is unable to pay its debts and the Court ordered liquidation and appointment of liquidators to protect creditors, notwithstanding common ownership arguments.
5 Apr 2023
The applicant's proceedings were dismissed; therefore costs follow the event and the applicant must pay the successful third respondent's costs on a 2B basis in the sum awarded, together with the specified disbursements.
12 Dec 2022
The Court declined to validate the 25 November shareholders' resolution because it contravened s122, but exercised its power under s241(2)(c)(iii) to appoint the first applicants as joint and several liquidators because the company was insolvent, there was urgency, the first applicants had already undertaken critical investigatory work, their appointment served the best interests of creditors and ensured continuity and perceived independence during the liquidation.
13 Oct 2022
There was no basis to set aside the bankruptcy notices so the applications failed; Exuberant Ltd had no defence to the statutory demand and must be wound up, with liquidators appointed in accordance with their consent and subject to statutory conditions (s 284), and the plaintiffs are entitled to indemnity costs; liquidators may act individually (s 242).
28 Sept 2021
The court exercised its discretion under s241(4) Companies Act 1993 to order liquidation because BF7 Trading Ltd was clearly insolvent, repeatedly defaulted on tax obligations including after a statutory demand, the proposed sale arrangement was fragile and had already failed to deliver the initial payment, and the involvement of an undischarged bankrupt in prominent operational roles raised concerns warranting independent investigation to protect creditors and the public interest.
16 Sept 2021
The court refused a further adjournment because the defendant provided no affidavit evidence, presented only uncertain prospective income and an unconfirmed loan, and on the face of it appeared insolvent or trading in strained circumstances; accordingly the creditor was entitled to a winding up order and the court appointed liquidators and awarded costs to the Commissioner.
30 Jun 2021
The Court has jurisdiction to award costs against Mr Cummins because he actively participated and appealed; the plaintiff, as the successful party, is entitled to costs and those costs should be calculated on a 2B scale (average complexity and average time demand).
23 Apr 2021
NF Global Ltd was insolvent and unpaid debts remained despite opportunity to pay; the Court therefore ordered liquidation under s241 Companies Act 1993, appointed and approved liquidators, granted media access to the court file, declared the firm Meredith Connell to cease acting from a specified date, and exercised its statutory power under sch 7 to award costs payable from company assets (including solicitor/client costs to the successful applicant and certain supporting creditors) and ordered costs against the sole shareholder joint and several with the company where appropriate given the s…
12 Mar 2021
The shareholders validly appointed liquidators within 10 working days after service, satisfying s241AA(2)(a); therefore the court application for liquidation was unnecessary and is dismissed, with costs awarded to the Commissioner.
23 Sept 2020
Because ATF served a statutory demand that was not complied with and AOLP made no steps to set it aside, AOLP was deemed unable to pay its debts under LPA s91; exercising the Court's discretion under ss89 and 90(1)(h) the Court appointed Mr Gareth Hoole and Mr Clive Bish as liquidators; Associate Judges have jurisdiction to make such appointments under s20(2)(b) of the Senior Courts Act read with the Companies Act and the LPA.