by Mr Angry »
10 Feb 2010 14:02
The club now have until 1600 GMT on 17 February to file a "statement of financial affairs" proving they can pay their creditors.
Her Majesty's Revenue and Customs had taken Portsmouth to court over an unpaid tax bill amounting to £7.4m.
If Pompey file the statement, the earliest the case could return to the High Court is Friday 19 February.
Court registrar Christine Derrett said she feared the company would continue to trade and build up more debts that would not be paid.
"I am very concerned about the financial status of this company," she said. "It seems to me there's a very real risk that this company is undoubtedly trading while it is insolvent.
"I'm obviously conscious that, by making a winding-up order, it would have very severe consequences not only for the company as a business but for the supporters themselves, but that's not a consideration that I strictly take into account."
Gregory Mitchell QC, who represented HMRC, said: "It's quite clear, beyond any doubt at all, that this company is insolvent.
"They have failed to provide any evidence at all as to their solvency. There are many debts and they are unpaid."
However, Pompey were granted extra time to settle their tax debt after arguing they had received two serious offers to buy the club
As well as the VAT bill Portsmouth is disputing with HMRC, it also owes £4.7m in unpaid PAYE and National Insurance which were not part of the court petition on Wednesday.
Seems to me that by stating in the Court that they had these 2 serious buyers, that was enough to give them the extra time; they now have 7 days to prove that they have the money to pay their debts - presumably that statement will be made by the new owners or as a result of extra funding. The Court then reconvenes and I suspect that the winding up petition will either be struck off, OR Portsmouth will be wound up. Clearly HMRC believe that they are insolvent and even the Court Registrar stated that she has serious concerns that they are trading whilst insolvent, and the time they have been given is it. I can't see administration as an option now.