Proceedings were instituted against a trustee in bankruptcy after he had seized an aircraft claimed by the plaintiff.
Held: There is no right to sue an officer of the court in another court, without the sanction of the court, which appointed him.
The Court may itself dispose of an issue where ‘although no bankruptcy point is involved the question directly affects the administration of what are undoubtedly assets of the bankrupt.’
The court treated retrospective leave in insolvency as a thing capable of being granted and as requiring no particular discussion.
Judges:
Goff J
Citations:
[1969] 2 Ch 201
Jurisdiction:
England and Wales
Cited by:
Cited – Park v Cho and Others ChD 24-Jan-2014
The parties disputed the chairmanship of a charity. The claimant succeeded, but a third party later intervened saying that permission had not first been obtained from the Charity Commission as required. The defendant now appealed against the lifting . .
Lists of cited by and citing cases may be incomplete.
Insolvency
Updated: 06 May 2022; Ref: scu.567257
