Roberts Petroleum Ltd v Bernard Kenny Ltd (in liquidation): CA 1982

The plaintiffs had supplied petrol to the defendant who owned two filling stations. The defendant prepared a statement of affairs ready to hold a meeting of creditors. The plaintiffs took their claim to judgement and obtained a charging order nisi to secure it. The defendant sought to prevent the order being made absolute so as to prevent the plaintiff obtaining an unfair advantage in the winding up.
Held: The charging order was re-instated. The impending insolvency of the defendant was not a good or sufficient reason for it not to make the charging order absolute.
Lord Brandon of Oakbrook, Cumming-Bruce LJ, Lane D
[1982] 1 WLR 301, [1982] 1 All ER 685, [1981] EWCA Civ 10
Bailii
England and Wales
Citing:
AppliedBurston Finance Ltd v Spierway Ltd ChD 1974
The lender took a charge over a property held by a company which subsequently became void because it was not registered within the required period at Companies House.
Held: A voidable charge is a valid charge unless and until set aside: . .
CitedGlass (Cardiff) v Jardean Properties 1976
. .

Cited by:
Appeal fromRoberts Petroleum Ltd v Bernard Kenny Ltd HL 2-Jan-1983
The plaintiff supplied petrol to the defendant but had not been paid. Anticipating the defendant winding up, the plaintiff got judgment and a charging order nisi. The defendant appealed against that order being made absolute, saying that this gave . .

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Updated: 11 February 2021; Ref: scu.278206