Source: All England Reporter
Publisher Citation: [2006] All ER (D) 238 (Apr)
Neutral Citation: [2006] EWHC 5803 (Ch)
Court: Chancery Division
Judge:

Peter Smith J

Representation John Marin QC and Julian Greenhill (instructed by Olswang) for the liquidator.
  Lucy Frazer (instructed by Isadore Goldman) for the directors.
Judgment Dates: 26 April 2006

Catchwords

Winding up - Misfeasance - Director - Liquidator alleging directors guilty of misfeasance - Liquidator seeking contribution by directors to company's assets - Liquidator seeking payment of moneys from occupation of premises from third party - Whether liquidator entitled to summary judgment.

The Case

The liquidator, inter alia, succeeded in his application for summary judgment in his claim, in the company's name, against a fellow subsidiary for the payment of moneys due for the subsidiary's occupation of premises of which the company was tenant on the basis that the subsidiary had no defence to the company's claim.

Practice Areas

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