Guernsey Judgment 22/2009 - Public Services Dept v Miller & Baird (CI) Ltd

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Companies (Guernsey) Law, 2008 (s.406) - States' application for compulsory winding up order - circumstances in which the court may exercise its discretion not to grant such an order - must be a genuine and serious cross-claim which the company had not reasonably been able to litigate and which exceeded the amount of the States' debt - a substantial cross-claim had been referred to arbitration - no exceptional circumstances why the court should not exercise its discretion not to grant the order sought - no reason to depart from the modern practice to dismiss rather than stay the application (See Judgments 51, 57, 59 and 68 of 2005)