Suing A Liquidator – Is Leave Of Court Required?

Is leave of court required for proceedings against a liquidator?

The Court decided this as section 486(2) of the Companies Act 2016 does not stipulate that leave is required before any creditor or contributory ...

This is, for the reasons that have been enunciated at length above, a purely grammatical reading of the words in s. 486(2) of the 2016 Act. As ...

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

The Court of Appeal held that in granting leave to sue a liquidator, the court must be satisfied to the “probable success” of the claim and ...

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

... Leave of the Court of liquidation to continue a lawsuit or other ... leave of the winding-up Court would also be required. On the ...

Breach of duty claims against the liquidator - Jones Day

It was not necessary for. NTE to progress this application beyond July 2002, because the liquidator was given leave to resign from his office at this time ...

INSOLVENCY LITIGATION 2023 - Latham & Watkins LLP

Where a company is in liquidation or voluntary administration, leave of the court is usually required for a claim to be proceeded with or brought against the ...

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 ...

Is appointing court leave required to sue a court-appointed liquidator ...

In November 2020, the NSW Court of Appeal dismissed an appeal seeking to overturn a decision refusing the applicants leave to commence proceedings against a ...

To Sue or not to Sue - A Liquidators' Perspective

Pursuant to section 199 of the CO, liquidators may, with the sanction either of the court or the committee of inspection, bring or defend legal proceedings in ...

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 ...

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 ...

Why leave to sue a court-appointed liquidator is unnecessary and ...

A 'person aggrieved' by any act, omission or decision of a liquidator may 'appeal' to a capital 'C' Court under s599 of the Corporations Act 2001 (Cth) (the ...

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.

Court denies directors leave to sue liquidators for breach of duty

Leave is required to sue a Court appointed liquidator. The courts have been reluctant to set down a hard and fast rule as to when leave will be ...

Company in liquidation to sue its liquidators as court grants leave to ...

the Court has inherent jurisdiction to grant leave for an “appropriate person” to bring proceedings on behalf of a company in liquidation. Those ...

Is appointing court leave required to sue a liquidator: CLA

Is appointing court leave required to sue a liquidator. *If you have already bought this video, you can login to view a full version. Share. Category:Podcasts.

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

When all creditors have been paid, the liquidator makes a capital repayment to shareholders with the leave of Court. The shareholders are paid in proportion ...

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 ...

TGIF 9 July 2021 – By your leave? Principles for leave to sue ...

In deciding whether to grant leave to bring proceedings against a company in liquidation, a court will take into account the interests of ...