Source: All England Reporter
Publisher Citation: [2006] All ER (D) 110 (Oct)
Court: Court of Appeal, Civil Division

Tuckey, Arden and Lloyd LJJ

Representation 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.
Judgment Dates: 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.

The Case

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.

Practice Areas

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