10 Feb 2012
ALBACORE FISHERIES LIMITED V SUNSAI LIMITED HC WN CIV-2010-485-2395
- Citation
- openlaw-84e2ed99_6dcc_4f75_a538_9843728bc3e5.pdf
- Court
- High Court
Albacore had standing as holder of an undischarged claim arising before Sunsai's removal; s 329(4) confers a broad power to place parties as if the company had not been removed including stopping limitation periods and Companies Act time limits for voidable transactions for the period of removal; Albacore had been reasonably diligent and the application was not nugatory, so the court exercised its discretion to restore Sunsai and to stop time running under the Limitation Act and ss 292, 297 and 298 from 27 November 2009 until restoration.