The court will require any dispute as to the status or locus standi of a party to be resolved in separate proceedings before a winding-up petition is heard. The Court highlighted the extent and applicability of Section 224(1) of the 1948 Act, observing: ‘There seems to be no doubt that entry on the register is … Continue reading Re JN 2 Ltd: ChD 1978

Pennycuick J said: ‘The expression ‘contingent creditor’ is not defined in the Companies Act 1948, but it must, I think, denote a person towards whom under an existing obligation, the company may or will become subject to a present liability upon . .

The petitioner appealed against rejection of his contributor’s winding up petition. Held: The Companies court was the appropriate place to determine a dispute on winding up petition. A dispute on locus standi can be dealt with in the winding-up proceedings without necessitating a stay of the petition, provided that the petition is not likely to … Continue reading Alipour v Ary and Schweininger: CA 17 Dec 1996