(1)The court may, at any time after making a winding-up order, and either before or after it has ascertained the sufficiency of the company’s assets, make calls on all or any of the contributories for the time being settled on the list of the contributories to the extent of their liability, for payment of any money which the court considers necessary to satisfy the company’s debts and liabilities, and the expenses of winding up, and for the adjustment of the rights of the contributories among themselves, and make an order for payment of any calls so made.
(2)In making a call the court may take into consideration the probability that some of the contributories may partly or wholly fail to pay it.
Cases considering section 150 6
[2017] UKSC 38 · 17 May 2017Interprets
Only a liquidator acting through the statutory winding-up machinery may make calls to satisfy company liabilities, winding-up expenses and adjustments among contributories. A prospective call was therefore neither provable nor available for set-off before LBIE entered liquidation. (see paras [151]-[171])
[2015] EWCA Civ 485 · 14 May 2015
Section 150(1) gives the court power after a winding-up order to make calls on contributories for payment of debts, liabilities, winding-up expenses and adjustment of contributories’ rights. It frames the liquidation-only call mechanism (see para [123]).
[2020] EWHC 3677 (Ch) · 30 January 2020
Applies section 150(1) to the court’s later order enforcing a disputed call, or making a court call and ordering payment. It is not the basis of the liquidator’s ex parte permission application.
What each judgment says about section 150 is in the case-law panel in the full Act.