CFI 018/2010 Diwan Capital Limited (in liquidation) v Diwan Capital AG
CFI 018/2010 Diwan Capital Limited (in liquidation) v Diwan Capital AG
May 27, 2014  Court of First Instance -Judgments
Claim No: CFI 018/2010
THE JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCIAL CENTRE
In the name of His Highness Sheikh Mohammad Bin Rashid Al Maktoum,
Ruler
of Dubai
IN THE
COURT
OF FIRST INSTANCE
BEFORE DEPUTY
CHIEF JUSTICE
SIR ANTHONY COLMAN
Between
DIWAN CAPITAL LIMITED
(in liquidation)
Appellant
and
DIWAN CAPITAL AG
Respondent
Summary of Judgment
OF DEPUTY CHIEF JUSTICE SIR ANTHONY COLMAN
The issue was whether following a resolution at an extraordinary general meeting resolving that a company shall be put into members' voluntary liquidation and that the former CEO should for the time being be authorised to get in the assets of the company and discharge its liabilities prior to the appointment of a liquidator, the former CEO had effectively filed an appeal against a judgment in the Small Claims
Tribunal
in the absence of a liquidator.
Held
: that it was open to the liquidator subsequently appointed to ratify the act of the former CEO in filing the appeal:
Alexander Ward & Co v Samyang Navigation Co. Ltd.
[1975] 1 WLR 673 applied.
Quaere
: Whether, absent ratification, the former CEO could effectively be authorised to file the appeal, notwithstanding the liquidation resolution.