Thread: High And Dry
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Unread 24 Jun 2008, 21:43   #6
Zar
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Re: High And Dry

ASG

I've had a quick look at that link. The Official Receiver has been appointed so it is probably likely that the company is in a Compulsory Wind up (Liquidation)

In a compulsory liquidation, commencement of the liquidation is retrospective to the date the petition was presented. In this case even if the winding up order was later, the company will have deemed to commence liquidation at the date of the presentation. I'm assuming that was the 5th )although i haven't checked) as the provisional liquidator was appointed then. The provisional liquidator will have to act with the interests of the creditors in mind (usually he is just there to protect the company's assets and do anything else the court orders).

If you are correct in that you ordered the tickets after the liquidation commenced, then you should be able to make a valid claim against the liquidation.

The OR will most likely appoint an Insolvency Practitioner to take on the liquidation and once that happens you will find yourself in a better position to make that claim (or find out why it happened and if you're entitled to compensation).

Dispositions of company's assets post presentation of winding up order are void in a compuslory liquidation so the OR or any subsequent liquidator will be holding those assets on behalf of people like you.

If you're lucky that company might just end up at my firm as (without looking at the accounts) it's the type of company we like to liquidate. If that is the case... i'll do my best to help you from there.
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