Re Demaglass Holdings Ltd (Winding Up Petition: Application for Adjournment)
| Jurisdiction | England & Wales |
| Date | 2001 |
| Year | 2001 |
| Court | Chancery Division |
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34 cases
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Re HSH Cayman
...Petroleum Prods. Ltd., In re, [1980] 1 W.L.R. 86; [1979] 3 All E.R. 297, dicta of Slade J. applied. (2) Demaglass Holdings Ltd., Re, [2001] 2 BCLC 633, distinguished. (3) Falcon R.J. Devs. Ltd., Re, [1987] BCLC 437; (1987), 3 BCC 146, dicta of Vinelott J. applied. (4) Lummus Agricultural Se......
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Hanover Investors Management LLP (on Behalf of Hanover Catalyst Fund) v Hawkwing Plc
...has a discretion to refuse to make an administration order or a winding up order. As put by Neuberger J in Re Demaglass Holdings Ltd [2001] 2 BCLC 633 at 638: ‘where, as here, the battle is between the creditors of the company, some in favour of a winding up order being made and others agai......
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Raiffeisen Zentralbank Osterreich AG v Continental Chemical Corp Pte Ltd
...the following principles laid down by Neuberger J in Re Demaglass Holdings Ltd (Winding Up Petition: Application for Adjournment) [2001] 2 BCLC 633 (“Demaglass”) also guide the exercise of the court’s discretion. Where a winding up application is opposed, the court should consider whether m......
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Island Ophthalmology Ltd
...advantage” from the winding up procedure in accordance with the test laid down by Neuberger J in ( In the Matter of US Holdings Limited [2001] 2 BCLC 633 Re Demaglass Holdings Limited [2023] SC (Bda) 13 Civ (17 February 47 At paragraph 32 above the Court has held that the Petitioner does in......
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1 firm's commentaries
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BVI High Court Confirms That Exercise Of Discretion To Wind Up A Company Not Dependent On 'A Head Counting Exercise'
...to proceed in Singapore, Mr Justice Bannister had express regard to the judgment of Lord Neuberger, in Re Demaglass Holding Ltd [2001] 2 BCLC 633. In that case, the English High Court had recognised that: "the exercise of the court's discretion will not normally be dependent on mathematical......
1 books & journal articles
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Insolvency Law
...be in the circumstances. 16.17 In that regard, Choo Han Teck J adopted the guiding principles laid down in Re Demaglass Holdings Ltd [2001] 2 BCLC 633 which stipulate that where a winding-up application is contested, the court should consider whether making a winding-up order would bring ab......