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Is leave of court required for proceedings against a liquidator?


Companies Winding Up Rules - Cayman Islands Legislation

(1) The official liquidator is required by section 112 of the Law ... (3) No action lies against an official liquidator for a dividend, but if an ...

SECT 471B Stay of proceedings and suspension of enforcement

CORPORATIONS ACT 2001 No. 50, 2001 - SECT 471B ... While a company is being wound up in insolvency or by the Court, or a provisional liquidator of a company is ...

Procedure - Irish Legal Guide

A liquidator in a court ordered or creditors voluntary winding up is obliged after 12 months and annually thereafter, to summons a meeting of the creditors or ...

33-2-1345. Powers of liquidator, MCA

... proceedings against the debts;. (ii) do other acts ... prosecution of claims that the liquidator ... (p) invest all sums not currently needed, unless the court ...

THE COMPANIES (WINDING-UP) RULES 1934

135 Attendance of liquidator's advocate. Where the attendance of the Liquidator's advocate is required on any proceeding in Court or. Chambers, the liquidator ...

Re C.H.A. Ltd ((in Liquidation)) - Case Law - VLEX 793619069

In this case, the applicant had been given leave by the High Court to institute proceedings against the company for unpaid rent. The Circuit Court ordered ...

304.33-240 Powers of liquidator.

the assets of the insurer; forestall garnishment and attachment proceedings against such debts; do such other acts as are necessary or expedient to collect ...

210. Appointment of provisional liquidator or of liquidator following ...

(2) When a provisional liquidator has been appointed, no action or proceeding shall be proceeded with or commenced against the Company or its property, except ...

Official Liquidator, High Court, ... vs Commissioner Of Income Tax ...

The question is whether the Income-tax Authorities are competent to commence or continue an assessment proceeding against a company in liquidation without ...

Liquidators, Receivers and Examiners.pdf

Following the appointment of an official liquidator, the Court's permission is required before any legal proceedings can be taken against the company. Where ...

Adversarial Proceedings Against a Company in Liquidation (2)

Leave will not be required, where an action or proceeding is commenced against a liquidator. Nevertheless, there are at least two Court of ...

31A-27a-405 Powers of the liquidator. (1) The liquidator may

(o) invest all sums not currently needed, unless the receivership court orders otherwise; ... (a) The liquidator is not obligated to defend an action against the ...

Winding Up: Statutory Safeguards (Part 2) - Malaysian Litigator

The provisional liquidators and liquidator, respectively, are entitled to be protected from involvement in court proceedings which may be ...

Kenneth M. Krys as Liquidator of Fairfield Sentry Limited (in ...

In a unanimous decision, the Court of Appeal determined that the order subject to appeal was made in the context of liquidation proceedings brought against ...

Making a Choice as to the Mode of Winding Up - Templars Law Firm

The effect of this is that all ongoing court proceedings against a ... What is required is merely for the liquidator to file the liquidation.

What Is The Insolvency Stay On Proceedings? - Oliver Elliot

There is a stop on “actions” and/or “proceedings” being brought against a company in Compulsory Liquidation without the permission of the Court.

Flynote - ZambiaLII

... action against a limited liability company in liquidation to obtain such leave from the High Court. In refusing to grant leave the learned trial Judge was ...

Liquidator's powers of examination assigned to litigation funder

The Court held that the funder did not require leave of the Court to use the documents in the debt recovery proceedings because: the funder ...

Litigation implications for companies in liquidation, administration or ...

For settlements (to pursue a company in liquidation or administration for an insured's loss), Court proceedings cannot be commenced against the ...

Apex court decides on validity and effects of retrospective sanction ...

If an action or proceeding is taken by a wound-up company, the liquidator's prior sanction(1) must be obtained. In Lai King Lung v Merais Sdn ...