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Newhart Developments Ltd v Co-operative Commercial Bank Ltd; CA 1978

References: [1978] QB 814
The appointment of administrative receivers of a company with a view to realisation of certain charged assets did not deprive the directors of their duties and power to take other proceedings which did not impinge on the activities of the receivers. Even though the directors may lack power to dispose of an asset they might remain under a duty to exploit it for the benefit of the company.
This case is cited by:

  • Cited – GE Capital Commercial Finance Ltd v Sutton; Anglo Pteroleum Ltd v Same CA (Times 08-Apr-04, Gazette 08-Apr-04)
    The administrative receivers of a company sought production of documents from the company’s solicitors.
    Held: The receiver was tasked to deal with the realisation of the mortgaged property, and it could not use its powers to seek to obtain . .
  • Cited – Ultraframe (UK) Ltd v Fielding and others ChD (Bailii, [2005] EWHC 1638 (Ch))
    The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .

Last Update: 03-Sep-15 Ref: 195579

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