Photocopy of an article in Law Quarterly Review, vol. 89, 1973, pp. 107-125.
|Other titles||Law quarterly review.|
|The Physical Object|
|Number of Pages||19|
WINDING UP ON THE" JUST AND EQUITABLE " GROUND WEEN, in , section 9 (5) of the Companies Act authorised the making of an order for compulsory winding up " whenever the court is of opinion that it is just and equitable that the company be wound up," it . This is a study of winding up on the just and equitable ground, mainly at the instance of members as contributories. The typical cases are (a) where the object for which the company was formed is impossible of further or any attainment;. and (b) where the petitioner has lost confidence in the controllers or, in the case of a quasi-partnership, in other : F. H Callaway. Winding Up on The “Just and Equitable” Ground Winding Up on The “Just and Equitable” Ground McPherson, B. H. The â â just and equitable â clause was omitted from the Joint Stock Companies Act of , where its place was taken in 8. 67 (5) by a provision authorising winding up whenever three-fourths of the capital of the company have been lost and become. winding up companies on the just and equitable ground come from chapter 1. This is the starting point. The burden of his work is then to explicate, in the rest of the book, how according to settled principles such grounds may arise and in what circumstances a winding up can be ordered on the just and equitable ground. The work may fairly be.
Winding Up On the Just & Equitable Ground Learn these words 11 words 0 ignored Ready to learn Ready to review Ignore words. Check the boxes below to ignore/unignore words, then click save at the bottom. Ignored words will never appear in any learning session. All. This practice note analyses the right of a member of a company and others to petition for the winding up of a company on the grounds that to do so would be just and equitable pursuant to section (1)(g) of the Insolvency Act Under Section (1)(f) of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32), the Court can exercise the power to wind up a company on just and equitable ground. This is often sought as an alternative remedy to the buy-out order in . The question before the CA was whether this additional remedy should affect the Court’s approach towards an application made to wind up a company on the “just and equitable” ground. Background. The appeals relate to the winding up applications filed .
The decision whether to wind up a company on just and equitable grounds is discretionary, so the court will consider all the factors involved before making a winding up order. If the court believes there is some other remedy, such as one party purchasing the other party’s shares for a specific amount, it will usually prefer to go down that route. Although a decision of the Privy Council on appeal from the Eastern Caribbean Court of Appeal, Chu v Lau  UKPC 24 has general implications for the law on winding up a company on the just and equitable ground. He went on to say that since winding up is the ultimate step in company law, where other avenues are available, winding up on the just and equitable ground due to non-compliance with the Companies. Winding up on the just and equitable ground. Sydney: Law Book Co. MLA Citation. Callaway, F. H. Winding up on the just and equitable ground / by F.H. Callaway ; with a foreword by Sir Keith Aickin Law Book Co Sydney Australian/Harvard Citation.