判决理由
The court established guidelines for the exercise of discretion to grant leave to proceed against a company in administration. The administrator's proposals should normally be given a chance to succeed, but the rights of a lessor or owner of property in the possession of the company should be respected unless the administrator can show a compelling reason to override them.
事实
Atlantic Computer Systems was a computer leasing company that went into administration. Various lessors and hire-purchase companies applied for leave to repossess equipment that was in the possession of the company. The administrator opposed the applications, arguing that the equipment was essential to the company's business and any restructuring plan.
判决摘要
The Court of Appeal (Nicholls LJ) laid down guidelines. Where a proprietary right (ownership or right to possess) exists, the court will normally grant leave unless the administrator demonstrates that refusing leave is necessary for the purposes of the administration. The administrator bears the burden of showing why the proprietary rights holder should be kept out of their property. The court should also consider whether the administrator can offer adequate protection (e.g., continued rental payments).
关键引述
"The purpose of the administration moratorium is not to shift the burden from the company to the lessor, but to give the administrator a limited breathing space."
— Nicholls LJ
后续处理
The Atlantic Computers guidelines remain the standard framework for leave applications in administration proceedings.