Part IV Winding Up of Companies Registered under the Companies Acts
Chapter VIII Provisions of General Application in Winding Up
Disclaimer (England and Wales only)
181 Powers of court (general).
(1)
This section and the next apply where the liquidator has disclaimed property under section 178.
(2)
An application under this section may be made to the court by—
(a)
any person who claims an interest in the disclaimed property, or
(b)
any person who is under any liability in respect of the disclaimed property, not being a liability discharged by the disclaimer.
(3)
Subject as follows, the court may on the application make an order, on such terms as it thinks fit, for the vesting of the disclaimed property in, or for its delivery to—
(a)
a person entitled to it or a trustee for such a person, or
(b)
a person subject to such a liability as is mentioned in subsection (2)(b) or a trustee for such a person.
(4)
The court shall not make an order under subsection (3)(b) except where it appears to the court that it would be just to do so for the purpose of compensating the person subject to the liability in respect of the disclaimer.
(5)
The effect of any order under this section shall be taken into account in assessing for the purpose of section 178(6) the extent of any loss or damage sustained by any person in consequence of the disclaimer.
(6)
An order under this section vesting property in any person need not be completed by conveyance, assignment or transfer.