The company sought to have struck out as an abuse an application to have it would up on the just and equitable ground. The status of the authority as creditor was disputed.
Held: A petition was properly presented only if the petioner bona fide pursued some interest arising from the issue which gave him standing to apply. Where a creditor sought to pursue his private interests, the question went not as to its standing to issue the petition, but as to whether the application would be an abuse. The assertion of public interest issues did not deprive the authority of its locus standi to issue, and nor in this case was it an abuse. The existence of debts did not istelf resolve the issue of whether the just and equitable grounds were satisfied. The petition should be amended to pursue the ground that the company was unable to pay its debts.
Judges:
Michael Briggs QC
Citations:
Times 29-Apr-2004
Statutes:
Jurisdiction:
England and Wales
Company, Insolvency
Updated: 04 June 2022; Ref: scu.196578
