REDMOUNT PROPERTIES LIMITED [2009] ScotSC 182 (11 December 2009)

REDMOUNT PROPERTIES LIMITED [2009] ScotSC 182 (11 December 2009)

Application for early dissolution under section 204 must be made promptly after section 138 meeting and before expiry of first accounting period, with sufficient information for court to assess appropriateness; delayed applications bypass statutory regime and cannot be granted.

Citation
[2009] ScotSC 182
Parties
Company in Liquidation: Redmount Properties Limited; Liquidator/applicant: Robert Caven
Jurisdiction
Scotland
Judgment Date
11 December 2009
Procedural Posture
Liquidation Note / Application for Early Dissolution Under Section 204 Insolvency Act 1986
Outcome
Application refused
Legal Topics
Early Dissolution, Liquidator Duties, Court Procedure
Insolvency Company Law Early Dissolution Liquidator Duties Court Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Redmount Properties Limited

Company in Liquidation

Robert Caven

Liquidator/applicant

Procedural Posture

Liquidation Note / Application for Early Dissolution Under Section 204 Insolvency Act 1986

Legal Issues

  1. 1 Interpretation of section 204 Insolvency Act 1986 for early dissolution
  2. 2 Timing and procedural requirements for application under section 204
  3. 3 Court's ability to discharge liquidator and approve actings

Ratio Decidendi

Application for early dissolution under section 204 must be made promptly after section 138 meeting and before expiry of first accounting period, with sufficient information for court to assess appropriateness; delayed applications bypass statutory regime and cannot be granted.

Court Disposition

Application refused