Bezant v Cork

Bezant v Cork

Dr. Bezant is no longer a creditor of the company, having settled and been paid in full for her claim, and expressly confirmed this in the Compromise Agreement; therefore, she lacks locus standi to bring a s.212 application, which must be struck out.

Parties
Claimant: Dr. Lanning May Bezant; Defendant: Stephen Robert Leslie Cork; Company: Tertiary Enterprises Limited
Jurisdiction
England and Wales
Judgment Date
24 July 2006
Procedural Posture
Application Under S.212 Insolvency Act 1986 / Strike Out Application
Outcome
application struck out
Legal Topics
Liquidator's Duties, Misfeasance, Creditor Standing, Strike Out Procedure
Insolvency Company Law Liquidator's Duties Misfeasance Creditor Standing Strike Out Procedure

Case Brief

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Parties

Dr. Lanning May Bezant

Claimant

Stephen Robert Leslie Cork

Defendant

Tertiary Enterprises Limited

Company

Procedural Posture

Application Under S.212 Insolvency Act 1986 / Strike Out Application

Legal Issues

  1. 1 Whether Dr. Bezant has locus standi to bring a s.212 application after settlement of her claim
  2. 2 Whether the s.212 application discloses reasonable grounds or is an abuse of process
  3. 3 Adequacy of pleading and substantiation of allegations against the liquidator

Ratio Decidendi

Dr. Bezant is no longer a creditor of the company, having settled and been paid in full for her claim, and expressly confirmed this in the Compromise Agreement; therefore, she lacks locus standi to bring a s.212 application, which must be struck out.

Court Disposition

application struck out

Orders

  • Dr. Bezant's s.212 application is struck out for lack of standing.
  • No further opportunity to amend or reformulate the application will be granted.