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
|DIWAN CAPITAL LIMITED(in liquidation)||Appellant|
|andDIWAN 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.  1 WLR 673 applied.
Quaere: Whether, absent ratification, the former CEO could effectively be authorised to file the appeal, notwithstanding the liquidation resolution.
The Dubai International Financial Centre and all its affiliates are committed to preserve the confidentiality, integrity and availability of client data and personal information.
Dubai International Financial Centre and all its affiliates employees, vendors, contract workers, shall follow Information Security Management System in all the processes and technology.
The content of the DIFC Courts website is provided for information purposes only and should be disregarded when making decisions on inheritance and any other matters. Whilst every reasonable effort is made to make the information and commentary accurate and up to date, the DIFC Courts makes no warranties or representations to you as to the accuracy, authenticity or completeness of the content on this website, which is subject to change at any time without notice. The information and commentary does not, and is not intended to, constitute legal advice by the DIFC Courts or any person employed or connected with it or formerly so employed or connected, to any person on any matter, be it in relation to inheritance, succession planning or otherwise. You are strongly advised to obtain specific, personal advice from a suitably qualified lawyer in relation to your personal circumstances and your objectives. The DIFC Courts does not assume any liability and shall not be liable to you for any damages, including but not limited to, direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with this website, its administration and any content or lack thereof found on it. The information on this web site is not to be displayed except in full screen format. Although care has been taken to provide links to suitable material from this site, no guarantee can be given about the suitability, completeness or accuracy of any of the material that this site may be linked to or other material on the internet. The DIFC Courts cannot accept any responsibility for the content of material that may be encountered therein.