- Cited — Patley Wood Farm LLP & Ors v Kristina Kicks & Anor 2023-07-28
“…In Re Edennote Ltd [1996] 2 BCLC 389 at 394 Nourse LJ said that, fraud and bad faith apart, the court will only interfere with the act of a liquidator “if he has done something so utterly unreason…”
- Cited — Adele Lock v Paul Stanley (in his capacity as liquidator) & Anor. 2022-05-09
“… aggrieved” in section 168(5) was shorthand for “any creditor, debtor or other person aggrieved”. He referred to the decisions of this court in Re Edennote Ltd [1996] 2 BCLC 389, of the Privy Council in Deloitte & Touche AG v Johnson [1999] 1 WLR 1605 and of this court in Brake v Lowes [2020] EWCA Civ 1491, [2021] PNLR 10, observing th…”
- Applied — Brake & Ors v Lowes & Ors 2020-11-13
“…quiring the Cottage through the bidding process. See the Liquidation Judgment at [6] - [7]. Applying Re Edennote Ltd, Tottenham Hotspur plc & Ors v Ryman & Anr [1996] 2 BCLC 389and Mahomed v Morris [2000] BCLC 536, he held that denial of an opportunity to acquire an asset from a liquidation is not a legitimate interest sufficient to es…”
- Applied — Brake & Ors v Lowes & Ors 2020-11-13
“…The usual test is that laid down in Re Edennote Ltd, Tottenham Hotspur plc and Others v Ryman and Another [1996] 2 BCLC 389, which concerned the actions of the liquidator of a company. It is common ground that the same test applies in relation to the actions of a trustee in bankrupt…”