The appellant succeeded on his appeal against an order dismissing an application to, among other things, to set aside an ex parte order, by which three associated companies, which had been dissolved at the conclusion of their respective members' voluntary liquidations, had been ordered to be restored to the register of companies; and new (present) liquidators had been appointed.
"The proper course, in my judgment, is to do now what should have been done at the beginning, that is, to convene meetings of members of each Company to consider resolutions addressed to whether that Company is to remain restored to the register for the purpose of investigating the conduct of management and the former liquidators and whether the present liquidators should remain in office. These should be ordinary resolutions decided on a simple majority of votes. Once the meetings have been held, the court would decide whether to confirm or set aside the orders made by Fancourt J. In the absence of exceptional circumstances and subject to the next paragraph, it is to be expected that the court would give effect to the resolutions."
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