In re Oak Pits Colliery Co: CA 1882

The court examined the basis of the rule that the court has a discretion to order a liquidator to pay the full rent of a property he retained: ‘When the liquidator retains property for the purpose of advantageously disposing of it, or when he continues to use it, the rent of it ought to be regarded as a debt contracted for the purposes of winding up the company, and ought to be paid in full like any other debt or expense properly incurred by the liquidator for the same purpose . .’ It would be just and equitable, in these circumstances to treat the rent liability as if it were an expense of the winding up and to accord it the same priority.


Lindley LJ


(1882) 21 Ch D 322


England and Wales

Cited by:

CitedKahn and Another v Commissioners of Inland Revenue; In re Toshoku Finance plc HL 20-Feb-2002
A company went into liquidation, being owed substantial sums by another company in the same group, but itself insolvent. A settlement did not include accrued interest, but was claimed to be taxed as if it had, and on an accruals basis. If so, was . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Landlord and Tenant

Updated: 16 May 2022; Ref: scu.190097