Is leave of court required for proceedings against a liquidator?

The following cases have established the position that leave of court is required to commence proceedings against a liquidator.

Suing A Liquidator – Is Leave Of Court Required?

The Court of Appeal opined that Section 486(2) of the CA 2016 does not impose any requirement of leave by the court before an action can be brought against the ...

FC Case Update: Leave of Court Required Before Commencing ...

The long-standing position on this issue is that leave of Court is required prior to a party commencing proceedings against a liquidator.

Federal Court: Leave of Winding Up Court required to commence ...

that leave of court is required before legal action can be commenced against a liquidator whether or not the proposed action relates to the ...

Leave of the Court of liquidation covers appeal - LinkedIn

The relevant permission is required only in the event that proceedings are initiated against the company under liquidation and not by it. An ...

INSOLVENCY LITIGATION 2023 - Latham & Watkins LLP

are left to the liquidator or bankruptcy trustee pursuing the litigation. ... claim against directors, a liquidator or administrator must apply to the court.

Section 477(2B) of the Corporations Act: When Do Liquidators Need ...

Court approval is not required where a liquidator enters into an agreement in their own name or for the purpose of obtaining advice about their ...

Retrospective Leave for Commencement of Proceedings Against a ...

Section 222 of the Companies Acts 1963 provides that leave of the High Court must be obtained in order to bring or prosecute proceedings against a company.

Commencing proceedings against liquidators in a compulsory ...

The apex court cited the above line of authorities with approval and reaffirmed that leave of the winding up court is indeed required before proceedings can be ...

Leave to proceed against a company in liquidation - LawBase

Leave has been granted when proceedings have been necessary to establish and submit the proof of debt. However, leave will not be granted if, all things ...

Breach of duty claims against the liquidator - Jones Day

'The functions of the liquidator of a company which is being wound up by the court are to secure that the assets of the company are got in, realised and ...

About Liquidation or Winding Up - Insolvency Office - Ministry of Law

No action or proceeding shall be proceeded with or commenced against the company except with the Court's leave after a winding up order has been made. b) ...

Leave to bring proceedings against company in liquidation isrefused

High Court refuses application for leave to issue proceedings arising out of waste management legislation against a company in liquidation, on the grounds.

Leave to proceed against court-appointed liquidator denied - Corrs ...

A grant of leave is required to sue a court-appointed liquidator. Leave must be sought in the Court in the action in which the liquidator was ...

Lack of likely recovery leads to refusal of leave to proceed against ...

A recent decision by the Federal Court of Australia may be useful for liquidators faced with an application to commence or continue civil proceedings ...

INSOLVENCY LITIGATION - Latham & Watkins LLP

section 1129(a)(11): liquidation or the need ... Any unpaid creditor may apply to the court to commence judicial reorganisation or liquidation proceedings against ...

Court denies directors leave to sue liquidators for breach of duty

the court will protect its officers from spurious or vexatious litigation · the court will protect the integrity of the winding up process to ...

[2021] SGHC 32 - :: eLitigation ::

1 A company commences litigation. Before judgment in the litigation, the company goes into insolvent liquidation. A liquidator is duly appointed.

304.33-270 Actions by and against liquidator.

judgment, he or she may apply to the court for leave to defend or to be substituted for the insurer, and if the court gives him or her leave, the action shall ...

Case Update: Federal Court Decides on Issue of Leave to Sue ...

Seventh, prior leave of Court to sue a liquidator is required in order to avoid wasteful litigation against liquidators and to preclude ...