Section 179: Evidence of inability

179. Evidence of inability (1) On an application to the Court for an order that a company be put into liquidation, evidence of failure to comply with a statutory demand shall not be admissible as evidence that a company is unable to pay its debts as they become due in the ordinary course of business unless the application is made within one month after the last date for compliance with the demand. (2) Section 177 shall not prevent proof by other means that a company is unable to pay its debts as they become due in the ordinary course of business. (3) In determining whether a company is unable to pay its debts as they become due in the ordinary course of business, its contingent or prospective liabilities may be taken into account. (4) An application to the Court for an order that a company be put into liquidation on the ground that it is unable to pay its debts as they become due in the ordinary course of business may be made by a contingent or prospective creditor only with the leave of the Court, and the Court may give such leave, with or without conditions, only if it is satisfied that a prima facie case has been made out that the company is unable to pay its debts as they become due in the ordinary course of business. I14 – 105 [Issue 3] Insolvency Act