- Unsuccessful application for an order declaring an administrator’s appointment invalid (Galer v Mond)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Restructuring & Insolvency analysis: This was an application by the sole shareholder and director of a company for an order declaring invalid the appointment of that company’s administrator. The relevant statutory declaration had been made abroad before an English solicitor. It was argued that this was contrary to section 3 of the Commissioners for Oaths Act of 1889 (COA 1889). Further, there were objections based on the construction of a relevant facility agreement and a deed of assignment. It was also suggested that the interrelationship of certain persons involved in the appointment made the appointment of this particular administrator inappropriate. None of these objections were found to be well-founded or affect the validity of the appointment. The application failed. Written by Nora Wannagat, barrister at 9 Stone Buildings.
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