Re Norditrack (UK) Ltd
| Jurisdiction | England & Wales |
| Judgment Date | 14 June 1999 |
| Date | 14 June 1999 |
| Court | Chancery Division |
CHANCERY DIVISION
Before Mrs Justice Arden.
In re Norditrack (UK) Ltd
Insolvency - time of commencement of voluntary liquidation - presumption
Presumption in voluntary liquidation
The presumption contained in section 86 of the Insolvency Act 1986 as to the time of commencement of a voluntary liquidation, namely at the time of the passing of the resolution for voluntary winding up, had the effect that there was no power to ensure that the liquidation occurred immediately on discharge of the administration by passing resolutions for voluntary liquidation conditionally on the court making the order for discharge.
Mrs Justice Arden so held in the Chancery Division hearing an application by the administrator of Norditrack (UK) Ltd for the discharge of the administration order prior to the company entering voluntary winding up.
Mr Peter Shaw...
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4 cases
- Re UCT (UK) Ltd ((in Administration))
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Re Ballast Plc ((in Administration)) and Others
...above) that may accrue if, instead, the company moves straight from administration to a compulsory winding-up. See, for example, Re Norditrack (UK) Ltd [2000] 1WLR 343 and Re UCT (UK) Ltd [2001] 1WLR 6 Paragraph 83 provides what the old Part II of the 1986 Act lacks, namely a simple mecha......
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TXU (UK) Ltd (in admin) Re
...preserving that status. Another aspect of his decision in relation to conditional winding up Order has not been followed see Re Norditrack [2000] 1 All ER 369. 15 The concept of the Court having an overriding inherent jurisdiction to sanction the arrangement has been approved in subsequent ......
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Re Harkness-Ord Ltd
...else on the basis that it is conditional on the passing of a resolution for winding up. See Re Norditrack (UK) Ltd (in administration) [2000] 1 All ER 369, at 372; and Re UCT (UK) Ltd (in administration) [2001] 1 BCLC 443. 9 The form of application to which Mr Carton-Kelly referred in the p......