||All England Reporter
|| All ER (D) 110 (Oct)
||Court of Appeal, Civil Division
Tuckey, Arden and Lloyd LJJ
||Louis Doyle (instructed by DLA Piper Rudnick Gray Carey LLP, Manchester) for the administrator.
||Paul Chaisty QC (instructed by DWF Solicitors, Manchester) for the respondent.
||10 October 2006
Company - Administration - Administrator - Application for permission to sell goods under hire-purchase agreement - Dispute as to market value - Whether judge erring in refusing further inquiry as to market value - Whether judge erring in requiring respondent to pay costs of inquiry as condition of having inquiry - Insolvency Act, Sch B1, para 72.
Where the administrator of a company had applied for permission to sell goods in the possession of the company under a hire-purchase agreement, pursuant to para72 of Schedule B1 to the and the market value of the goods was disputed, the judge had erred in refusing to order a further inquiry as to the market value, since the condition that the respondent pay the costs of the inquiry had not been a principled condition for the judge to impose.
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