24 Mar 2010
DE ALWIS & ORS V LUVIT FOODS INTERNATIONAL & ANOR HC AK CIV-2002-404-001944
- Citation
- openlaw-8064a7fa_eb1f_4db9_b363_6a7f2c7a5c50.pdf
- Court
- High Court
The Court held that the second defendant (bankrupt) lacked standing because the right to challenge or set aside the judgment vested in the Official Assignee under the Insolvency Act 1967; the deputy assignee's informal letter did not confer or effect abandonment of that right. Conversely, the non-party applicant (wife) had standing because she was demonstrably affected by the judgment (summary judgment against her relied on findings in the impugned judgment) and therefore may apply to set it aside. The second defendant's application was dismissed and the non-party applicant's application gran…