15 Nov 2006
TRINITY FOUNDATION (SERVICES NO 1) LTD V DOWNEY AND BLACK AS JOINT LIQUIDATORS OF CWF HOLDINGS LIMITED (IN LIQUIDATION) AS TRUSTEE OF THE CWF UNIT TRUST CA CA193/05
- Citation
- openlaw-633865cb_625b_4ec4_bf3e_a9acf748d64b.pdf
- Court
- Court of Appeal
The Court held that leave under s284 requires an arguable case and that the liquidators' summary rejection of Trinity's claim without either estimating the claim under s307 or referring it to the Court was arguably unreasonable and could impede creditor voting; accordingly the respondents' cross-appeal failed and costs were awarded to the appellant.