The liquidator of a company in a creditors voluntary liquidation, and which had been importing cigarettes received a proof of debt from a company in Zimbabwe. The liquidator suspected that the proof relied upon a false declaration in denying that true country of origin of the cigarettes to avoid import duty, and sought an order for the examination of the company’s director and its books.
Held: The court said that inspection was unnecessary. The liquidator should rather reject the proof if he believed it to be incorrect or doubtful, leaving the claimant to appeal, and prove his debt fully. In this case the director had offered to be interviewed, and the likely sums to be realised were nil. An order under section 236 should only be made it it was clearly necessary to make one. An order for costs on an indemnity basis was made against the liquidator.
Judges:
Evans-Lombe J
Citations:
Gazette 23-Mar-2000, Times 31-Mar-2000
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Re Bank of Credit and Commerce International Sa ChD 3-Jan-1994
Cross examination on an affidavit requested despite there being no extraneous evidence. . .
Lists of cited by and citing cases may be incomplete.
Insolvency
Updated: 18 July 2022; Ref: scu.81743