England and Wales Court of Appeal (Civil Division) Decisions

IN THE SUPREME COURT OF JUDICATURE
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
CHANCERY DIVISION
LEEDS DISTRICT REGISTRY
(His Honour Judge McGonigal)

		Royal Courts of Justice Strand London WC2 Tuesday 16th October, 2001

1. LORD JUSTICE CHADWICK: This is a further hearing of an application for permission to appeal against an order for the winding-up of Computer Servicing (South East) Ltd, made on 7 September 2001 by His Honour Judge McGonigal sitting in Leeds as a judge of the High Court.
2. The application came before me on 19 September 2001. For the reasons set out in a short judgment which I gave on that day - and to which reference should be made for the background facts -I stayed proceedings in the winding-up so that an application could be made to the High Court in Leeds for rescission of the winding-up order on the basis that Madame Paola Monsoreau was willing and able to invest £200,000 in subscription for shares. Such an investment would, on the figures provided to me and set out in my earlier judgment, lead to a position in which the company was substantially solvent and able to pay all its creditors, including the petitioning creditor, Customs and Excise.
3. No application for an order for rescission has yet been made to the High Court in Leeds; although an application notice has been completed and, I am told, is ready to be lodged. The reason why the application has not yet been made is that the transmission of money to Madame Monsoreau from her late father's estate in the United States of America has taken a little longer than had been anticipated. However, she has put before me evidence from Norwich Union Assurance which indicates that substantial sums, well in excess of the £200,000 which she has indicated she will invest, have now been received in the United Kingdom. Further, there is evidence she has given instructions for the £200,000 necessary to fund her investment in the company to be transferred to the company's bank account, from which it cannot be disbursed while the winding-up order remains.
4. In those circumstances, what I propose to do is to take from Mr Polya, a director of the company, his personal undertaking that the application notice seeking rescission of the order made on 7 September, together with the requisite fee, is lodged in the Leeds District Registry by 4.00pm tomorrow, 17 October 2001; and to indicate to the Leeds District Registry, without intending to direct the Registry how it should arrange its business, that it is my view that this application should be heard at an early date if possible.
5. I will stand over the application for permission to appeal for a further 14 days - that is until 30 October 2001 - in the expectation that by 30 October Mr Polya will be able to tell me that the winding-up order has been rescinded.
6. The order I make - which should be transmitted to the Leeds District Registry - is that upon the undertaking to which I have referred and upon the Court indicating its view that the application for rescission should be heard as soon as may be convenient, the winding-up order is stayed until after the hearing of that application or further order in the meantime. This application for permission to appeal is adjourned to me on 30 October.
ORDER: Upon Mr Polya undertaking that the application notice seeking rescission of the order made on 7 September, together with the requisite fee, is lodged in the Leeds District Registry by 4.00pm on 17 October, and upon the Court indicating its view that the application for rescission should be heard as soon as may be convenient, the winding-up order is stayed until after the hearing of that application or further order in the meantime; this application for permission to appeal is adjourned to Chadwick LJ on 30 October 2001. (Order not part of approved judgment)