KW Law Case Reported - Top Brands & Lemione v Gagen Dulari Sharma
The decision of HH Judge Barker QC sitting in the Birmingham District Registry in the above case has been reported on Bailii. Robin Koolhoven, partner in the firm, represented the successful Applicants in defeating an application by the former liquidator to adjourn the trial in order for her to issue proceedings to challenge the consent order by which she admitted the Applicants as creditors of the company on the basis of an allegation of fraud. The learned judge found that she had no standing to now challenge her consent order in relation to which she had received legal advice, and which she had signed in full knowledge that the creditors would then make an application to replace her. Judge Barker QC said that the question of whether the Applicants were a creditor of the company was now a matter for her replacement liquidator and dismissed her application.
The full judgment can be read at:
Checjk our our other news items for the outcome of the Liquidator's appeal in the Court of Appeal on 23 May 2014