Bezant v Cork [2006] EWHC 2134 (Ch) (07 March 2006)

Bezant v Cork [2006] EWHC 2134 (Ch) (07 March 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 standing to bring a s.212 application. Even if she had standing, her application is inadequately pleaded, unsubstantiated, and discloses no reasonable grounds for relief.

Citation
[2006] EWHC 2134 (Ch)
Parties
Claimant: Dr. Lanning May Bezant; Defendant: Stephen Robert Leslie Cork
Jurisdiction
England and Wales
Judgment Date
07 March 2006
Procedural Posture
Insolvency Act S.212 Application / Strike Out Application / Judgment on Application to Strike Out S.212 Claim
Outcome
Application struck out
Legal Topics
Liquidator's Duties, Misfeasance, Strike Out Applications, Locus Standi, Abuse of Process
Insolvency Law Company Law Civil Procedure Liquidator's Duties Misfeasance Strike Out Applications Locus Standi Abuse of Process

Case Brief

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Parties

Dr. Lanning May Bezant

Claimant

Stephen Robert Leslie Cork

Defendant

Procedural Posture

Insolvency Act S.212 Application / Strike Out Application / Judgment on Application to Strike Out S.212 Claim

Legal Issues

  1. 1 Whether Dr. Bezant has locus standi to bring a s.212 Insolvency Act 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 serious allegations made 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 standing to bring a s.212 application. Even if she had standing, her application is inadequately pleaded, unsubstantiated, and discloses no reasonable grounds for relief.

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.