| Source: | All England Reporter |
| Publisher Citation: | [2006] All ER (D) 31 (Aug) |
| Neutral Citation: | [2006] EWHC 2087 (Ch) |
| Court: | Chancery Division |
| Judge: | David Richards J |
| Representation | William Hansen (instructed by Fraser Brown) for the landlord. |
| Raquel Agnello (instructed by Stephenson Harwood) for the liquidator. | |
| Judgment Dates: | 4 August 2006 |
Catchwords
Company - Compulsory winding up - Liquidator - Powers - Landlord executing distress warrant over company's assets - Registrar deciding proceeds of sale of company's assets should be paid to liquidator instead of landlord - Whether landlord abandoning distress - Whether registrar's decision correct - Insolvency Rules 1986, , r 4.96(1).
The Case
Pursuant to r4.96(1) of the Insolvency Rules 1986, , if a secured creditor omitted to disclose his security in his proof of debt, he should surrender his security for the general application of creditors, unless the court, on application by him, relieved him for the effect of this Rule on the ground that the omission had been inadvertent or the result of honest mistake. In the instant case, the registrar's decision to dismiss the landlord's appeal had been correct in circumstances where the landlord had abandoned its distress.
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