21 Oct 2009
FE INVESTMENTS LIMITED V EDWARD ELKAN KLISSER AND ANOR HC AK CIV-2007-404-008056
- Citation
- openlaw-defd928c_0b1c_4048_93ff_e0a41e04c37f.pdf
- Court
- High Court
Leave granted under s 76(2) Insolvency Act 2006 because the plaintiff's claims are not clearly unsustainable, the dishonest assistance claim is sufficiently complex and more suited to determination by the High Court, there is no prejudice to other creditors, and the pleaded allegations could amount to fraud or fraudulent breach of trust within s 304(2)(a) so there is a real prospect of financial benefit; grant is conditional on non‑enforcement of any judgment without prior leave of the Court.