Smith (Administrator of Cosslett (Contractors) Ltd) v Bridgend County Borough Council

Subject Matter

INSOLVENCY — Administrator — Powers — Contract deeming contracting company's plant to be property of site owner while on site but to revest in company on completion of works — Site owner entitled in event of company's abandoning contract to retain plant until completion by other contractors — Company abandoning contract and administrator appointed — Site owner agreeing with new contractors to removal of plant on completion of works — Whether site owner having fixed or floating charge over plant — Whether conversion of plant by site owner — Whether administrator entitled to bring action for conversion — Companies Act 1985, s 395 — Insolvency Act 1986, s 234

[2002] 1 AC 336; [2001] 3 WLR 1347

Appellate History