6 Power to sell any of the company’s property by public auction or private contract with power to transfer the whole of it to any person or to sell the same in parcels.
Definitions used in Schedule 4, paragraph 6 1
- the company
2 Section 233B does not apply in relation to a contract for the supply of goods or services to a company (“the company”) where any of paragraphs 3 to 11 applies.
Defined in Sch.4ZZA para.2 · see it in the full Act
Cases considering Schedule 4, paragraph 6 16
Lewis v Commissioner of Inland Revenue & Ors
Limits the meaning of “the company’s property” in the statutory power of sale. It does not include rights and recoveries arising only after liquidation under sections 214 or 239. (see paras [18]; [26]; [36]-[37])
Edennote Ltd, Re
Paragraph 6 was applied as authorising sale of company property by public auction or private contract. (see “Setting aside - the statutory provisions”)
Transworld Payment Solutions U.K. Limited & Anor. v First Curaçao International Bank N.V. & Anor.
The court relied on the provision as part of the pre-reform limitation of a liquidator’s power to sell company property, which did not include section 213 claims arising only through statutory office-holder powers. (see para [167])
- Allen & Anor, Re Longmeade Ltd (In Liquidation) (Rev 1)
- Williams v Glover & Anor
- Business Dream Ltd, Re Insolvency Act 1986
- Rawnsley & Anor v Weatherall Green & Smith North Ltd
- Ruttle Plant Ltd v Secretary of State for Environment Food & Rural Affairs No. 2
- Ruttle Plant Hire v Secretary of State for the Environment & Rural Affairs
- Butts Park Ventures (Coventry) Ltd v Bryant Homes Central Ltd
- TayTime Limited v Secretary of State for Levelling Up, Housing and Communities & Ors
- Manolete Partners Plc v Hayward And Barrett Holdings Ltd & Ors
- Hugh James Involegal LLP v Berrymans Lace Mawer LLP & Anor
- Southern Pacific Personal Loans Ltd, Re
2 more judgments, and what each says about Schedule 4, paragraph 6, are in the case-law panel in the full Act.