Tutorial 8

Question 5
1. Issue 1 on the notice :
 14/12/2017 – 2/1/2018 (there is a gap of 19 days) – 21 days only can present the
petition
 defective notice also as it ask Hotel to pay within 2 weeks (law requires 21 days)
2. Issue 2: Notice served to cleaner : r25 – can serve to any member , servant, officer.
However, firstly it must be served at the company’s registered office.
 Does cleaner have authority to receive the service? NO
 Cleaner is not member of the company
3. Issue 3: Affidavit filed 4 days before the petition
 R.26 – The affidavit should be sworn and filed within 4 days of the petition
 Should be file affidavit ONLY AFTER the filing of petition. NOT BEFORE.
 Defective affidavit
 Could be bad service also. The petition was served to Hotel’s solicitors and
advertised in local newspaper – R.24 conditions
4. Can they rely on the grounds that they are not insolvent
 Commercial, balance sheet test – then determine whether the company is
solvent or not
 Can advise the hotel to oppose cuz there are many issue here which the LB had
failed to comply
 Procedure for opposing the winding up petition -

- In winding up, judgement debt is not necessary unlike bankruptcy

- The first para is trying to tell you that the person is owing money. Although LB had
not obtained judgement in civil court but still commence the petition by issuing the
notice of demand.
- For final purpose, each question contains 6-7 dates.

Question 3
(i) Under what circumstances can refuse to abide 
a. Injunction
b. Malicious prosecution
(ii) Discuss powers of court to stay a proceeding
a. 8.2 of lecture slides

Question 4
 If the company wind up, can you sue the guarantor? Lecture slides 8.10
 During negotiation can you issue a BN against the director?