Bezant v Cork [2006] EWHC 2126 (Ch) (24 July 2006)

Bezant v Cork [2006] EWHC 2126 (Ch) (24 July 2006)

Dr. Bezant is no longer a creditor of the company, having settled her claim in full and expressly confirmed this in a Compromise Agreement. She therefore lacks locus standi to bring a s.212 application. Even if she had standing, her application is inadequately pleaded, unsubstantiated, and discloses no reasonable grounds for relief against the liquidator.

Citation
[2006] EWHC 2126 (Ch)
Parties
Claimant: Dr. Lanning May Bezant; Defendant: Stephen Robert Leslie Cork
Jurisdiction
England and Wales
Judgment Date
24 July 2006
Procedural Posture
Application Under S.212 Insolvency Act 1986 (misfeasance Proceedings) / Strike Out Application Before High Court (chancery Division, Companies Court)
Outcome
Application struck out
Legal Topics
Liquidator's Duties, Misfeasance, Strike Out Applications, Locus Standi of Creditor, Abuse of Process
Insolvency Company Law Liquidator's Duties Misfeasance Strike Out Applications Locus Standi of Creditor Abuse of Process

Case Brief

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Parties

Dr. Lanning May Bezant

Claimant

Stephen Robert Leslie Cork

Defendant

Procedural Posture

Application Under S.212 Insolvency Act 1986 (misfeasance Proceedings) / Strike Out Application Before High Court (chancery Division, Companies Court)

Legal Issues

  1. 1 Whether Dr. Bezant has locus standi to bring a s.212 application after ceasing to be a creditor
  2. 2 Whether the s.212 application discloses reasonable grounds or is an abuse of process
  3. 3 Whether the pleadings and evidence substantiate the allegations of misfeasance against the liquidator

Ratio Decidendi

Dr. Bezant is no longer a creditor of the company, having settled her claim in full and expressly confirmed this in a Compromise Agreement. She therefore lacks locus standi to bring a s.212 application. Even if she had standing, her application is inadequately pleaded, unsubstantiated, and discloses no reasonable grounds for relief against the liquidator.

Court Disposition

Application struck out

Orders

  • Dr. Bezant's s.212 application is struck out for want of standing and failure to disclose reasonable grounds.