Judgment
In re China Milk Products Group Limited - Ruling
[2011] CIGC (FSD) 83
· FSD 0083/2011 (AJJ) · 2011-07-22
Directors’ authority to present petition on insolvency under s.94; interpretation of s.94(1)(a) and s.94(2); rule in Re Emmadart Ltd limited to solvent companies; directors of insolvent companies may petition without shareholder authority; criteria under s.104(3) met; provisional liquidators appointed; winding‑up petition adjourned
Full metadata
| Neutral Citation | [2011] CIGC (FSD) 83 |
|---|---|
| Cause Number | FSD 0083/2011 (AJJ) |
| Court | CIGC (FSD) |
| Judge | Jones J |
| Parties | In re China Milk Products Group Limited - Ruling |
| Judgment Date | 2011-07-22 |
| Subject | Directors’ authority to present petition on insolvency under s.94; interpretation of s.94(1)(a) and s.94(2); rule in Re Emmadart Ltd limited to solvent companies; directors of insolvent companies may petition without shareholder authority; criteria under s.104(3) met; provisional liquidators appointed; winding‑up petition adjourned |
| Filename (current) | 11-07-22-China-Milk-Products-Group-Ltd-In-re.pdf |
Legislation cited
| Statute | Sections cited | Mentions |
|---|---|---|
| Companies Act | 94(1)(a), 94(2) | 14 |
| Companies Winding Up Rules (subordinate) | — | 4 |
| Companies (Amendment) Law, 2007 (amending) | — | 3 |
| Insolvency Practitioners Regulations (subordinate) | 6 and 7 | 2 |
| Exempted Limited Partnership Act | 15(4) | 1 |
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