28 Mar 2013
EVERCHEER HOLDINGS LTD v. JAMES WARDELL AND OTHERS
- Citation
- EVERCHEER HOLDINGS LTD v. JAMES WARDELL AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP2388/2011
The court held that the Updated Proof of Debt was properly payable and that the liquidators rejection should be reversed: the 1st Indemnity is a primary indemnity (not a guarantee) and was not discharged by the settlement because the liquidators conduct amounted to non-objection sufficient to oust Holme v Brunskill; sums under the 2nd Indemnity need not be deducted; therefore the Updated Proof of Debt should be admitted and the liquidators summons dismissed.