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Exclusive Holidays of Elegance Limited v ARC Systems Limited

Case Number: 
SU2019IS00003
Neutral Citation: 
[2021] JMCC Comm 14
Date of Delivery: 
07.05.2021

Insolvency – Application to Appoint Receiver – Judgment creditors unpaid – Whether Respondent “ceases to meet liabilities generally as they become due” – Whether act of bankruptcy occurred within 6 months immediately preceding filing of claim - Whether continuing act of bankruptcy – Whether claim form properly constituted – Whether Applicant in liquidation at time claim filed – Whether claim therefore null and void and to be struck out- Interim Receiver’s report – Whether evidence of fraudulent preference – Whether court to act at this stage.

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