Source: All England Reporter
Publisher Citation: [2006] All ER (D) 157 (Apr)
Neutral Citation: [2006] EWHC 779 (Ch)
Court: Chancery Division

Philip Sales sitting as a deputy judge of the High Court

Representation Hugo Groves (instructed by Machins) for the liquidators.
  John Bryant (instructed by Hamilton Davis) for the respondents.
Judgment Dates: 11 April 2006


Company - Shares - Sale - Liquidators alleging misfeasance on part of former director - Liquidators seeking to recover sums paid to first respondent under share sale agreement - Whether first respondent having defence to liquidators' claim - , ss 159(2), 164(3).

The Case

The liquidators' claim to recover sums paid to the respondents, pursuant to a share sale agreement, was dismissed on the basis that although material provisions of the agreement were void, the first respondent had a good defence to the claim for repayment of monies made against him.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.