The court synthesised the principles from Aliprandi, Butler Pollnow, and Christianos v Aloridge governing when a receiver may be appointed to pursue litigation on behalf of a company in liquidation. The court must be satisfied both that there is an arguable case and that practical considerations (protection of company assets, liquidator's position, other party's position) support the proceedings. The liquidator's considered decision not to bring proceedings will normally be given weight, and the appointment of a receiver requires special circumstances beyond those needed for authorising a contributory to bring proceedings in the company's name. A winding up order does not estop the company from asserting that the applicant for the order breached a contract by seeking it.
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