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
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether Fire & Ice Limited should be wound up by the court
- 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.
Full Case Text
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