14 May 2004
COSIMO BORRELLI AND ANOTHER v. THE OFFICIAL RECEIVER
- Citation
- COSIMO BORRELLI AND ANOTHER v. THE OFFICIAL RECEIVER
- Court
- Court of First Instance
- Case number
- HCAL67/2003
The official receiver was acting as an officer of the court in relation to the winding-up; decisions by such an officer in that context are not susceptible to judicial review and, in any event, rule 171 is procedural and does not create substantive rights between the parties; the applicants had alternative remedies (section 200(5) or rule 199) and should have sought directions from the Companies Judge, therefore the application for mandamus via judicial review must be dismissed.