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8 Cards in this Set
- Front
- Back
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Re RW Sharman Ltd |
S215 locus standi for creditors can only be done without objections of majoriyt of creditors and Courts have discretion to refuse in such cases. |
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Re Genport Meridan Comm Ltd v Eircell |
S213(e) winding up where inability to pay debts not mandatory in nature and should not be brought with an ulterior motive Courts allowed time to sell assets and wind up voluntarily as dispute over sum owed. |
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Taylor's Industry Flooring |
Where sum undisputed, failure to pay is proof of inability to pay, under s214 |
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Re Pageboy Couriers Re Emerald Portable Building Systems |
Petition must be brought bona fide. In this case proceedings in place which were now dormant. Winding up is not a legitimate means of seeking to enforce the payment of debt which is bona fide disputed. |
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Re Murph's Restaurant |
S213(f) where it is just and equitable to do so |
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Re Yenidje Tobacco |
dead-lock in corporate management |
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Re Shrinkpak Ltd |
company being used as an instrument of fraud |
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Re Oakthorpe Holdings Ltd Re JD Swain Re Gilt Constuction |
S212 voluntary - involuntary. Take into account the opinions of other creditors Must be compelling grounds to do so. |
