Ex Parte Fire & Ice Limited (XP 132/2019) [2021] SCSC 851 (3 March 2021)

Ex Parte Fire & Ice Limited (XP 132/2019) [2021] SCSC 851 (3 March 2021)

The company is unable to pay its debts as evidenced by audited accounts and the director's affidavit, and a special resolution was passed to wind up the company; therefore, the court orders the winding up and appointment of the liquidator.

Citation
[2021] SCSC 851
Parties
Petitioner: Fire & Ice Limited; Liquidator: Peter Roselie; Creditor: International Food Solutions (Pty) Ltd
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
3 March 2021
Case Number
XP 132/2019
Procedural Posture
Company Winding Up Petition / Final Order
Outcome
petition granted
Legal Topics
Winding Up of Company, Appointment of Liquidator, Inability to Pay Debts
Source Language
English

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Parties

Fire & Ice Limited

Petitioner

Peter Roselie

Liquidator

International Food Solutions (Pty) Ltd

Creditor

Procedural Posture

Company Winding Up Petition / Final Order

  1. 1 Whether Fire & Ice Limited should be wound up by the court
  2. 2 Whether Mr. Peter Roselie should be confirmed as liquidator

Ratio Decidendi

The company is unable to pay its debts as evidenced by audited accounts and the director's affidavit, and a special resolution was passed to wind up the company; therefore, the court orders the winding up and appointment of the liquidator.

Court Disposition

petition granted

Orders

  • Fire & Ice Limited is hereby wound up.
  • Mr. Peter Roselie is confirmed as Liquidator of the company with all powers under section 119 of the Insolvency Act, especially to pay debts or make alternative arrangements for creditors.