The Weekly Law Reports
[1982] 1 WLR 301
[COURT OF APPEAL]
ROBERTS PETROLEUM LTD.
v.
BERNARD KENNY LTD.
[1979 R. No. 34]
1981 Oct. 28,
29,
30;
Dec. 11
Dec. 11
Lord Brandon of Oakbrook, Cumming-Bruce L.J. and Dame Elizabeth Lane
Execution
— Charging order nisi
— Order absolute
— Order nisi obtained by company's largest creditor
— Statement of affairs showing company to be insolvent
— Extraordinary resolutions passed that company be wound up
— Charging order made absolute
— Order discharged by judge on basis of company's apparent insolvency and probable liquidation
— Whether proper exercise of discretion
— Principles on which discretion to discharge or make order absolute to be exercised
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