Court refuses relief from sanctions and to rescind winding up (Re Sarjanda Ltd)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Restructuring & Insolvency analysis: The court refused an application to rescind an order for winding up. The application was not ‘exceptional’. Although the company was being supported by injections of funds from a shareholder, the facts and circumstances were very different to those in Re Diamond Hangar Ltd. Further, even if the application had demonstrated merit, the court would not have granted an extension of time. Applications to rescind must be made within five business days, but this application was made in excess of two years after the winding-up order. Written by Edward Ross, barrister at Clerksroom.