Creditors sought to treat the International Tin Council as an ‘association’ for the purposes of a provision under the Companies Act 1985 allowing for unregistered companies to be wound up.
Held: The decision in Re a Company was binding. The presentation of a petition based upon an arbitration award was not enforcement of the award. The Court identified a range of reasons for excluding it from the scope of entities to which the relevant provision would apply.
Judges:
Nourse LJ
Citations:
[1989] Ch 309, [1988] 3 WLR 1159
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – Re International Tin Council ChD 1987
An order for the winding up of a foreign company operates universally, applies to all the foreign company’s assets and brings into play the full panoply of powers and duties under the Insolvency Act 1986 like any other winding up order. Millett J . .
See Also – Maclaine Watson and Co Ltd v International Tin Council (No. 2) CA 1988
When the ITC did not satisfy an arbitral award made against it, the judgment creditor sought to discover where its assets could be found. Application to the Court was made under RSC 0.48 of the Supreme Court Act 1981 and under the Court’s inherent . .
Cited by:
Cited – Hackney v Side By Side (Kids) Ltd QBD 14-Jul-2003
The defendant sought a stay of a warrant for possession. It had submitted to an order for possession by consent in return for a promise of alternative accomodation. They sought a stay under section 89, saying that the claimant had not complied with . .
Lists of cited by and citing cases may be incomplete.
Company
Updated: 26 July 2022; Ref: scu.185747