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Court of Appeal allows appeal from High Court, and grants an order to annul the winding up of a company, on the grounds that: (a) the applicant had provided credible evidence that he had not been on notice of the winding up application, and would have been present had he been on notice of it; and (b) if the applicant had been present, the order would not have been made, as there was credible evidence that the debts to the creditor were contrived and that the application to wind up the company had been made for ulterior purposes.
Murray J (nem diss): Winding up of company - appointment of liquidator - Companies Act 2014 - replacement of liquidator - petition of creditor - application to annul winding up - s.669 of the Companies Act 2014 - refusal by High Court to annul winding up - allegation that debt was contrived - capital markets transactions - litigation in other jurisdiction - alleged unjust enrichment by third party arising from contract - findings by Deputy Master of High Court of England and Wales - whether applicant was a creditor or contributory of the company - contract of employment dating to a time before the company was incorporated - s.45 of the Companies Act 2014 - ratification of a contract entered into prior to incorporation - failure of applicant to attend the application for winding up order - no letter before action - whether prejudice to third parties.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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