Ex Parte Vijay Construction Pty Ltd (MA 33/2021 (arising in XP 130/2020)) [2021] SCSC 850 (1 March 2021)
Appointing a provisional liquidator at this stage would amount to prejudging the core issues in the winding up petition, which is to be heard shortly. The application is therefore dismissed.
- Citation
- [2021] SCSC 850
- Parties
- Applicant: Vijay Construction (Proprietary) Limited; Petitioner: Eastern European Engineering Ltd (EEEL)
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 1 March 2021
- Case Number
- MA 33/2021 (arising in XP 130/2020)
- Procedural Posture
- Insolvency Application / Ruling on Application for Appointment of Provisional Liquidator
- Outcome
- Application dismissed
- Legal Topics
- Appointment of Provisional Liquidator, Winding Up Petition
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Vijay Construction (Proprietary) Limited
Applicant
Eastern European Engineering Ltd (EEEL)
Petitioner
Procedural Posture
Insolvency Application / Ruling on Application for Appointment of Provisional Liquidator
Legal Issues
- 1 Whether the court should appoint a provisional liquidator pending the hearing of the winding up petition
- 2 Whether both the Official Receiver and another qualified person can be appointed as joint provisional liquidators
Ratio Decidendi
Appointing a provisional liquidator at this stage would amount to prejudging the core issues in the winding up petition, which is to be heard shortly. The application is therefore dismissed.
Court Disposition
Application dismissed
Orders
- The application for the appointment of a provisional liquidator is dismissed.
Full Case Text
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