5 Oct 2006
SOJOURNER AND ANOR V ROBB HC CHCH CIV 2004-476-000568
- Citation
- openlaw-5016b7d1_55ca_468a_8ab7_e0240dce57a7.pdf
- Court
- High Court
The proper jurisdiction for ordering defendants to contribute is s 301(1)(b)(ii) of the Companies Act 1993 to compensate the company for general damage; the order must be framed to enable the liquidator to meet the proofs of unsecured creditors (including creditors who have proved and those who may validly prove), and finalisation of the quantum and interest calculations is reserved to allow the liquidator to advise affected creditors before sealing final judgment; costs are awarded to plaintiffs on a 3C basis with trial length for costs calculation fixed at six days and disbursements include…