Re R S & M Engineering Company Ltd; Mond and another v Hammond Suddards (A Firm) and another (No 2)

JurisdictionEngland & Wales
Date1999
CourtCourt of Appeal (Civil Division)
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23 cases
  • Carol Hayes v Timothy Hayes
    • United Kingdom
    • Chancery Division
    • 12 June 2014
    ...which he unsuccessfully sought to have the statutory demand set aside." 44 Then in case called Re RS and M Engineering Company Limited [1999] 2 BCLC 485, Chadwick LJ said: "It would, in my view, be inappropriate — save in the most exceptional circumstances — for a judge to exercise that pow......
  • Re Frazer Nash technology Ltd
    • United Kingdom
    • Chancery Division
    • 11 June 2010
    ...to produce it then or lack of such explanation, are factors to be taken into account (see Papanicola v. Humphreys, at 424–425; and Mond v. Hammond Suddards [2000] Ch. 40, at 49, a review case, applied in the context of a winding-up rescission application in Re Turnstem Ltd. [2005] 1 BCLC 3......
  • Capitol Films Ltd ((in Administration)), Re; Rubin (joint administrators of Capitol Films Ltd) v Cobalt Pictures Ltd
    • United Kingdom
    • Chancery Division
    • 9 December 2010
    ...expenses, I believe that the court plainly has a discretion to deprive an administrator of such right of recoupment: see e.g. Mond v. Hammond Suddards [2000] Ch 40 (CA), affirmed in Lewis v. IRC [2001] 2 BCLC 392 (CA). 101 The circumstances in which the court might exercise its discretion t......
  • Re KAHN v Commissioners of Inland Revenue sub nom TOSHOKU FINANCE UK Plc
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 23 March 2000
    ... ... Atlantic Computer Systems Ltd, Re ELR [1992] Ch 505 ... Beni-Felkai Mining Co ... Corporation tax - company liquidation - Priority of claims - Creditors' ... - Interest due to company on loan made to another member of the group - Whether tax liability ... ...
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