9 Dec 2003
HONDON DEVELOPMENT LTD AND ANOTHER v. POWERISE INVESTMENTS LTD AND ANOTHER
- Citation
- HONDON DEVELOPMENT LTD AND ANOTHER v. POWERISE INVESTMENTS LTD AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV296/2003
The Practice Master probably lacked jurisdiction under Order 5 rule 6 to grant leave for a corporate director to represent the company in appeal proceedings governed by Order 59; even if the Master had jurisdiction, leave was wrongly granted because lack of funds is no longer per se good reason after the 2002 amendment and, on the facts (one‑property company, substantial unsecured advances, property value materially below judgment sum), permitting in‑person corporate representation would be unfair to other parties and potential creditors; accordingly the leave granted was revoked and the stay…
- Leave for corporate director to represent company
- Right to sue/appeal in person
- Revocation of leave
- Stay of execution
- Rescission
- Misrepresentation