“…As David Richards LJ (with whom Patten LJ and I agreed) noted at paragraph 35 in Lehman Bros Australia Ltd v MacNamara [2020] EWCA Civ 321, [2021] Ch 1:…”
“…ersons dissatisfied” for the purposes of section 303(1). In particular, Mr Davies drew our attention to passages in Lehman Bros Australia Ltd v MacNamara & Ors [2020] EWCA Civ 321. That was a case in which the applicant company which was in liquidation was an unsecured creditor of the respondent company which was in administration. The c…”
“…This decision and cases which have followed it were recently reviewed by the Court of Appeal in Lehman Brothers Australia Ltd v MacNamara [2020] EWCA Civ 321. David Richards LJ (with whom Patten and Newey LJJ agreed) at para 35 of the judgment identified the governing principle as being that:…”