Bradshaw et Al v Caribbean General Home Insurance Ltd

• Jurisdiction: Montserrat
• Court: High Court (Montserrat)
• Judge: Georges, J.
• Judgment Date: 19 July 1991
• Neutral Citation: MS 1991 HC 2
• Docket Number: 44 of 1991
• Date: 19 July 1991

Bradshaw et al

and

Caribbean General Home Insurance Ltd.

Georges, J.

44 of 1991

High Court

Company law — Winding up petition — Company indebted to plaintiff in the sum of $629,740.16 — Statutory demand for payment served on defendant company — Order to restrain solicitors for so acting — Information obtained may prejudice the said company — Point raised too late in proceedings — Petition not opposed — Company should be wound up in the public interest — Financial statement to be filed with the Registrar of Companies within 30 days.

IN CHAMBERS

Georges, J.

DECISION

1 By a petition dated 20th March, 1991, the Petitioners herein apply to the Court for a winding up order in respect of the Respondent Company (hereinafter referred to as “the Company”) on the ground that the Company is unable to pay its debts and that “in the circumstances, it is just and equitable” that it should be wound up.

2 The Company, a private limited liability company was incorporated under the “Commercial Code (Companies)” of the State of Saint Lucia, Chapter 244 of the Saint Lucia Revised Ordinance, 1957 on the 28th day of February, 1974 and was duly registered on the list day of January, 1976 to carry on general insurance business in the Colony of Montserrat in accordance with Part IX of the Companies (Amendment) Ordinance, 1966.

3 In paragraph 2 of their petition the Petitioners aver (through their Solicitor) that the Company is indebted in them in the sum of EC$629,740.16 with interest thereon at five per cent per annum and they further aver at Paragraph 4 of the said petition that on the 5th September, 1990 a statutory demand for payment of the said sum was duly served on the Company and that the Company has to date failed or refused to pay the same.

4 By summons dated 19th April, 1991 Solicitor for the Respondent Company applied to the Court for an order that the Solicitor tor the Petitioners should not be allowed to continue this action on the ground that from September 1984 to the 5th September, 1990 the said solicitor had acted for the Respondent Company during which period it is alleged that he had acquired financial and other confidential information concerning the affairs of the Company and that if allowed to act for the Petitioners such confidential information would be used against the Company.

5 On this preliminary issue, Solicitor for the Petitioners by affidavit dated 22nd April, 1991 countered that over the years...