18 Sept 2009
DAVIDSON ARMSTRONG & CAMPBELL SOLICITORS NOMINEE COMPANY LIMITED V DANDELION LIMITED HC NAP CIV 2009-441-522
- Citation
- openlaw-a78b5118_3d04_40df_be1a_cdbedaa62971.pdf
- Court
- High Court
The unpaid statutory demand and absence of any defence entitled the court to make a winding up order. The purported shareholder special resolution appointing voluntary liquidators was invalid because there was no evidence of required written consents from the proposed liquidators prior to the resolution and the resolution was signed only by an undischarged bankrupt trustee without the other trustees' signatures; accordingly the court appointed a liquidator (John Francis Managh) given appropriate consent filed and placed the company into liquidation.