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Re Hans Place Ltd

Language: English Series: Estates Gazette ; 1992 44 EG 143-153(6)Publication details: 1992Subject(s): Summary: ChD 17 July 1992. Application under s168 of the Insolvency Act 1986 for an order setting aside the liquidator`s decision to disclaim on an underlease under s179 of the Act on the grounds that the liquidator should have balanced the advantages and disadvantages of a disclaimer to be gained by the liquidator and by the persons to be affected by the disclaimer such as the applicant landlord C. The underlease dated 16 January 1970 refers to premises sublet to Hans Place Ltd at 21-22 Hans Place to which the first and second respondents acted as guarantors. Held that the application should be dismissed on the grounds that there was no evidence to challenge the liquidators`s decision. Therefore the disclaimer should stand.
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Law report London Journal article ABS47529 (Browse shelf(Opens below)) 1 Available 62403-1001

ChD 17 July 1992. Application under s168 of the Insolvency Act 1986 for an order setting aside the liquidator`s decision to disclaim on an underlease under s179 of the Act on the grounds that the liquidator should have balanced the advantages and disadvantages of a disclaimer to be gained by the liquidator and by the persons to be affected by the disclaimer such as the applicant landlord C. The underlease dated 16 January 1970 refers to premises sublet to Hans Place Ltd at 21-22 Hans Place to which the first and second respondents acted as guarantors. Held that the application should be dismissed on the grounds that there was no evidence to challenge the liquidators`s decision. Therefore the disclaimer should stand.