Warley Continental Services Ltd (in liquidation) v Johal: ChD 7 Oct 2002

The liquidator sought to revoke or suspend the voluntary arrangement on the grounds of a material irregularity, but the application was lodged well outside the statutory 28 day limit, and he first sought leave to apply out of time.
Held: The court had a discretion to extend the limit, and could take into account a wide range of factors, but here the delay had been long with regard to the tight timetable imposed by the Act, even though other considerations suggested a review, and the application was rejected.

Judges:

Norris QC

Citations:

Times 28-Oct-2002

Statutes:

Insolvency Act 1986 262(3) 376

Jurisdiction:

England and Wales

Citing:

CitedTager v Westpac Banking Corporation and Others ChD 24-Dec-1996
A court has the power to extend the time allowed for a challenge to a voluntary arrangement. . .
Lists of cited by and citing cases may be incomplete.

Insolvency

Updated: 27 June 2022; Ref: scu.177802