Xyllyx PLC (No1): ChD 1992

Two of the company’s contributories asked be added to the list for the purpose of obtaining a 7 day adjournment of the hearing of the petition so as to give them time to consider whether they wished to ask for substitution.
Held: An ordinary individual or company cannot be substituted as petitioner on a Secretary of State’s petition under the section.

Judges:

Harman J

Citations:

[1992] BCLC 376

Statutes:

Insolvency Act 1986 124A

Jurisdiction:

England and Wales

Cited by:

CitedRodencroft Limited, W. G. Birch Developments Limited, H-M Birch Limited; Simon Allso v The Secretary for State for Trade and Industry ChD 23-Apr-2004
The Secretary of state sought the winding up of the companies saying it was expedient in the public interest to do so. A shareholder opposed this saying that the companies were solvent.
Held: The shareholder had, in the absence of any position . .
Lists of cited by and citing cases may be incomplete.

Company, Insolvency

Updated: 06 May 2022; Ref: scu.197021