The applicant sought to have rescinded a winding up order made on 22 January 1997 in respect of a company called Bydand Ltd in respect of liability orders made for arrears of council tax.
Held: The claim failed. Liability orders are orders of the court like ordinary civil judgments. If a winding up petition is based on such orders the court will seldom look into them, or go behind them, in the absence of fraud, or in the absence of jurisdiction in the court that made the orders, or ‘some other truly compelling circumstance.’
Judges:
Lindsay J
Citations:
[1997] BCC 915
Jurisdiction:
England and Wales
Cited by:
Appeal from – Bydand Ltd (In Liquidation); Todd v Chiltern District Council and Official Receiver CA 27-Jun-1997
. .
Appeal from – Bydand Limited v Mark Feldman and Co (a Firm) Buckinghamshire County Council CA 27-Jan-1998
. .
Cited – Dennis Rye Ltd v Bolsover District Council CA 6-May-2009
Right to raise claim against rates insolvency
The ratepayer company sought leave to appeal and to challenge the use of insolvency proceedings to recover council tax. It said that it had a valid counterclaim.
Held: Leave was refused. ‘A company is not prevented from raising a cross-claim . .
Lists of cited by and citing cases may be incomplete.
Insolvency, Rating
Updated: 28 June 2022; Ref: scu.342121