In the matter of Courtney House Trading Group Pty Ltd

Lord Sheridan has filed an interlocutory process on 23 November 2017, claiming the following relief:

Although it has been pointed out previously that there is a requirement for leave to proceed against a company in liquidation, the interlocutory process does not contain an application for such leave; nonetheless, I shall treat the process as if it does contain such an application.

I have endeavoured to explain on previous occasions that it is impossible in the context of this liquidation to determine the rights of one creditor of the company separately and independently from those of all other creditors, at least all other creditors in the same class.

In the related proceedings which have been commenced by the liquidators seeking the Court's advice and directions, I have today made directions setting them down for hearing on 29 March and preparing the matter for that hearing. The class of creditors of which Lord Sheridan is a member is represented in those proceedings. Those proceedings will decide the respective rights, priorities and entitlements of the relevant classes of the unfortunate creditors of this corporate group. It is contrary to every principle upon which the liquidation of corporations proceeds to make orders as sought in the interlocutory process for the payment of a specific sum to a specific creditor when the fund against which that claim is made is a fund to which there are multiple claims, which the liquidators will have to resolve (with the benefit of the Court's advice and assistance), and cannot be resolved on a one-off application.

The Court orders that the interlocutory process filed 23 November 2017, including the implicit application for leave to proceed against the company in liquidation, be dismissed with costs.