The administrators having made a distribution, concluded that no further assets would be recovered and sought directions from the court to allow them to withdraw and close the administration.
Held: The court had power to make the order requested which would lead to the dissolution of the company. The test was expressed in the present tense – what were the considered assets as understood by the administrators at the time they posed the question.
Citations:
[2005] EWHC 2400 (Ch), Times 11-Nov-2005
Links:
Statutes:
Insolvency Act 1986 SB1 p65(3)
Jurisdiction:
England and Wales
Citing:
Comments disapproved – In re Ballast plc (in Administration) and Others ChD 21-Oct-2004
The administrator sought to move direct from an administration to insolvency proceedings without first closing the administration by a court order.
Held: The 2002 was intended to allow such a procedure. . .
Lists of cited by and citing cases may be incomplete.
Insolvency
Updated: 04 July 2022; Ref: scu.234714