Already have an account? Get multiple benefits of using own account!
Login in your account..!
Remember me
Don't have an account? Create your account in less than a minutes,
Forgot password? how can I recover my password now!
Enter right registered email to receive password!
Statutory power - mergers and winding up:
It is usual to proceed under s.207 as there are technical difficulties over s.300 procedure. The liquidator's powers to reach a compromise with creditors are restricted to cases where all creditors (of the same class) are treated alike, e.g. a uniform payment of Shs.15 in 1 pound to be accepted in full settlement. But if their rights are to be varied a scheme of arrangement is required, i.e. s.207 is the correct procedure.
CASE: RE TRIX (1970)
A liquidator proposed to distribute assets to creditors otherwise than in accordance with their rights. He applied to the court under s.241 for its approval of the exercise of his statutory power of compromise.
He explained that a scheme of arrangement under s.207 would entail heavy expense which would deprive creditors of any advantage which that method might confer. Non-ascending creditors objected.
Held:
S.207 gives to creditors a right to state their objections to the court and the court may then in its discretion decide whether to approve the scheme. They would be unfair deprived of that opportunity under the more summary procedure of s.241. The liquidator's application for approval was rejected.
State the royal assent for the procedure of parliamentary. The Royal Assent: It is specified when the Bill has passes by both Houses successfully and is usually simply fo
QUESTION 1 What are the scope and limitations of administrative law? Is the demarcation clear? What are the criteria by which you would decide on which side of the line a case
APPLICATION OF THE UNWRITTEN SOURCES OF ENGLAND LAW: Conversely it is a rule of England Law that unwritten laws are to be applied subject to the provisions' that any applicabl
American citizens can utilize their Courts only under certain conditions and circumstances. That is, there are both formal and informal "barriers" to access the legal system.
Q. Describe the Cole Inquiry recommendation? In 2003 the Cole Inquiry made a range of recommendations to reform the building and construction industry. The Inquiry found that t
Hi Dear, Could you please do my online quiz in Business Law. This is a 10 question quiz, made up of a combination of multiple choice and true/false type questions. You have 12 min
Houghland, a passenger in one of McAnn's buses, had his suitcase stored in a luggage comp of the bus for a trip from Brisbane to Cairns. The suitcase was lost during the course of
Mode of Alteration: The alteration of capital may be made by - 1) Increasing the company's share capital by new shares of such amount as the resolution prescribes; or 2
Ways which affect the behaviour of the policy maker There may be at least three ways this uncertainty may affect the behaviour of the policy maker. a) He may chose mainly th
Contributions of Equity Contributions of Equity as: Developed the so called maxims of equity and Provided additional remedies and Provided for the discovery of
Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!
whatsapp: +91-977-207-8620
Phone: +91-977-207-8620
Email: [email protected]
All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd