11 Mar 1998
NICHOLAS TIMOTHY CORNFORTH HILL and Another v. MATTHEW FINBARR O\'DRISCOLL and Another
- Citation
- NICHOLAS TIMOTHY CORNFORTH HILL and Another v. MATTHEW FINBARR O\'DRISCOLL and Another
- Court
- Court of First Instance
- Case number
- HCMP750/1998
The originating summons was procedurally wrong because leave was required before attempting to take possession of property held by officers of the court and the application should have involved the debenture holder and the company in liquidation; the plaintiffs' conduct exposed provisional liquidators to potential personal liability and, given the absence of company assets to meet costs, the defendants were entitled to costs on an indemnity basis.