In another of a series of restoration cases the Court ruled that a company formally in voluntary liquidation before dissolution will not be restored to liquidation following restoration, but instead will be put back in good standing, and that a restoration application is now granted in only very limited circumstances:
- where an application to restore is made by or in relation to a company whose liquidation has previously been reported to the Registrar as completed, it will generally be difficult to see why the application should be granted otherwise than for the purpose of enabling newly discovered assets to be distributed by the company or claims to be made against it which had not previously been made.
- There could, otherwise than in the most exceptional circumstances, be no good grounds for avoiding the dissolution of a company that has been wound up simply so that its owners could resume carrying on business through it as if nothing had happened.
The Judge also gave some procedural guidance that the proper party to name in a restoration application is the Registrar of Companies and the Registrar will be awarded costs for the public interest requirement for him to be in attendance at the hearing through Counsel. However the Attorney General should not be named as a party unless a specific issue as to bona vacantia arises.