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The court held that trial judgment debts and costs survived bankruptcy, lifted the bankruptcy stays nunc pro tunc, and granted leave to enforce SDA’s judgment.
The appeal is dismissed because s.12 of the Limitations Act makes the predecessor's (e3m's) knowledge relevant and, on the evidence, e3m (through its shareholders) knew or ought to have known of the matters in s.5(1)(a) by April 2013 when the 2013 Judgment and reasons were received, so the two-year limitation period expired before the October 25, 2016 action; the appellants' earlier personal knowledge was irrelevant because they had no capacity to prosecute e3m's claim until assignment.
Source excerpt
Registrar Blok held the Newton Trust accounts passed as presented and denied Graham MacKenzie, Q.C. any further capital or care-and-management remuneration.
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