Re Gordon and Breach Science Publishers Ltd

JurisdictionEngland & Wales
Judgment Date04 November 1994
Date04 November 1994
CourtChancery Division

Chancery Division

In re Gordon and Breach Science Publishers Ltd

Insolvency - winding-up - quality of claims relevant

Quality of claims relevant

The court, in exercising its discretion whether to order the compulsory winding-up of a company which was already in creditors' voluntary liquidation, had to take account of both the quantity and the quality of the claims of petitioning and of opposing creditors: it was not simply a question of arithmetic.

Mr Justice Robert Walker so held in the Chancery Division on October 21, when making an order for the compulsory winding-up of the company, on the petition of its former landlord, Rainbow Office Investments Ltd.

HIS LORDSHIP said that fairness and commercial morality might require that a substantial independent creditor, which felt itself to have been prejudiced by what it regarded...

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26 cases
  • Stanley International Betting Ltd v Stanleybet UK Investments Ltd and Others
    • United Kingdom
    • Chancery Division
    • Invalid date
  • SISU Capital Fund Ltd v Tucker
    • United Kingdom
    • Chancery Division
    • 9 September 2005
    ...not be – biased in favour of, say, one or more of the creditors – see per Robert Walker J in Re Gordon & Breach Science Publishers Ltd [1995] 2 BCLC 189, another case concerned with a compulsory winding-up order in circumstances where there was already a voluntary liquidator in place. [26] ......
  • The Companies Act (2022 Revision)and Seahawk China Dynamic Fund
    • Cayman Islands
    • Grand Court (Cayman Islands)
    • 9 August 2022
    ...need continuing investigation, and that is a free standing ground for making a winding up order: Re Gordon & Breach Science Publishers [1995] 2 BCLC 189; In re Pantmaenog Timber Co Ltd [2004] 1 AC 158 (HL); Bell Group Fin. (Pty) Ltd v Bell Group (UK) Holdings Ltd [1996] BCC 505 …” 68 Hender......
  • The Companies Act (2022 Revision) and Seahawk China Dynamic Fund
    • Cayman Islands
    • Grand Court (Cayman Islands)
    • 9 August 2022
    ...need continuing investigation, and that is a free standing ground for making a winding up order: Re Gordon & Breach Science Publishers [1995] 2 BCLC 189; In re Pantmaenog Timber Co Ltd [2004] 1 AC 158 (HL); Bell Group Fin. (Pty) Ltd v Bell Group (UK) Holdings Ltd [1996] BCC 505 …” 68 Hender......
  • Request a trial to view additional results

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