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AMP ENTERPRISES LTD v HOFFMAN AND ANOTHER

Insolvent company: creditor applying for removal of liquidator: whether application to be granted
Application

13 September 2002

A CREDITOR of a company in creditors voluntary liquidation applied for the removal of the company’s liquidators pursuant to s 108(2) of the Insolvency Act 1986. NEUBERGER J said that under s 108(2) of the 1986 Act the court had a discretion whether or not to remove and replace a liquidator, a discretion it would exercise on good grounds which had to be established by the person seeking the order. Whether good grounds were established depended on the facts of the particular case, and in general it was inappropriate to lay down which facts would and which facts would not constitute sufficient grounds. Those propositions accorded with the guidance given by Millett J in Re Keypak Homecare Ltd [1987] BCLC 409. In determining an application under s 108(2) the court had to perform a difficult balancing exercise. On the one hand it could expect any liquidator to be efficient, vigorous and unbiased in his conduct of the liquidation and should not hesitate in removing the liquidator if sati...

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