The court will require any dispute as to the status or locus standi of a party to be resolved in separate proceedings before a winding-up petition is heard. The Court highlighted the extent and applicability of Section 224(1) of the 1948 Act, observing: ‘There seems to be no doubt that entry on the register is an essential qualification for a contributory who desires to present a petition, if he is not the original allottee and if the shares have not devolved on him through the death of a former holder;
for if neither condition is satisfied, section 224(1)(a)(ii) requires that the shares must have been held by him and registered in his name for at least six months during the preceding 18 months. Plainly, if a transferee is not and never has been on the register, he cannot satisfy that condition. And it would not seem to be an answer that he ought to have been on the register, unless, perhaps, the company has been ordered to place him on the register and has disobeyed that order.’
Judges:
Brightman J
Citations:
[1978] 1 WLR 183, [1977] 3 All ER 1104
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Alipour v Ary and Schweininger CA 17-Dec-1996
The petitioner appealed against rejection of his contributor’s winding up petition.
Held: The Companies court was the appropriate place to determine a dispute on winding up petition. A dispute on locus standi can be dealt with in the . .
Lists of cited by and citing cases may be incomplete.
Company, Insolvency
Updated: 21 October 2022; Ref: scu.428281