Hight Court, in determining six motions in proceedings concerning the liquidation of a company: (1) refuses discovery; (2) refuses to set aside liquidator; (3) refuses to annul liquidation; (4) grants orders determining the members of the committee of inspection; (5) refuses applicant’s motion seeking compliance with the liquidator’s obligation to file statement of proceedings and position; and (6) refuses the liquidator’s motion for an extension of time within which to comply with the obligation to file statement of proceedings and position.
Liquidation – petition to wind up company – provisional liquidator appointed – company wound up – liquidator appointed – appeal dismissed - four motions had been issued in the High Court in the liquidation - directions as to the membership and composition of the committee of inspection - motion for removal of the liquidator and/or annul liquidation – motion to set aside winding up order – motion seeking the liquidator’s compliance with his obligation to file statement of proceedings and position of the winding up – fifth motion then issued - liquidator sought an extension of time in which to comply with the obligation to file statement of proceedings and position – sixth motion seeking to release to the judge dealing with the applications in the liquidation of the documents which had been discovered - affidavits were prolix, argumentative and repetitious – recusal application - application for a reference to the European Court of Justice refused – discovery application - application in relation to the discovery refused - motion to set aside the winding up order or annul the liquidation - application by notice of motion in the High Court to set aside a final order of the High Court which had been the subject of an unsuccessful appeal to the Court of Appeal was misconceived and devoid of merit - motion in relation to the composition of the committee of inspection and for the removal of the liquidator - the forfeiture of a lease changes the status of the occupier of premises from a tenant, who is entitled to be in possession and is liable to pay the agreed rent as it falls due, to a trespasser who is liable to pay damages for trespass, called mesne rates, at such rate as may be assessed in due course by a court - should be removed by reason of the way in which he dealt with the claims - no warrant for the allegation that the liquidator did not act as an independent officer of the court or that he acted to advance his own interests – negligent in the manner litigation was conducted – delay in pleadings - committee of inspection meetings - purported meetings were not properly called - whether leave of absence was validly given - whether the members of the committee of inspection vacated their office by their non-attendance - duty of a provisional liquidator to make an assessment of the company’s liabilities – liquidator assessment was abundantly justified – liquidator has made out the case he makes as to the constitution of the committee of inspection – applicant has not made out his case that the liquidator should be removed – motions in relation to requirements on the liquidator to file statement of proceedings and position – liquidator struggled with the statutory forms – liquidator cannot reasonably expect any co-operation from the directors and so must either compel the production of whatever information and documents he is confident that the directors have, or make his decisions by reference to the material which he has – orders determining the members of the committee of inspection –