Upon a winding up: ‘A duty and a trust are thus imposed upon the Court, to take care that the assets of the company shall be applied in discharge of its liabilities. What liabilities? All the liabilities of the company existing at the time when the winding up order was made.’ For limitation purposes, time ceased to run whilst a company was in voluntary liquidation.
Judges:
James LJ, Mellish LJ
Citations:
(1872) LR 7 Ch App 646, [1872] UKLawRpCh 69, (1871-1872) LR 7 Ch App 646
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Doodes v Gotham, Perry ChD 17-Nov-2005
The trustee in bankruptcy had taken a charge on the property in 1992 to support the bankruptcy in 1988. He sought to enforce it in 2005. The chargor appealed an order which denied he was protected by limitation.
Held: The appeal succeeded. . .
Cited – Laroche v Spirit of Adventure (UK) Ltd CA 21-Jan-2009
Hot Air balloon was an aircraft: damages limited
The claimant was injured flying in the defendant’s hot air balloon. The defendant said that the journey was covered by the 1967 Regulations and the damages limited accordingly. The claimant appealed against a decision that the balloon was an . .
Lists of cited by and citing cases may be incomplete.
Insolvency, Limitation
Updated: 23 March 2022; Ref: scu.235330