Ocean Chimo Limited v Royal Bank (Jamaica) Ltd (RBC) et al

Case Number: 
2010HCV02413
Neutral Citation: 
[2014] JMCC Comm.7
Date of Delivery: 
31.07.2014

Company – Claim brought by company directors against debenture holders - Company later placed in receivership – Appointment of receiver by debenture holders - Directors continuing claim without consent of receiver – Debenture holders applying to have claim struck out for failing to secure receiver’s consent  - Concurrent power in receiver and directors to bring action in the name of the company - Whether consent of receiver required-whether indemnity necessary if no consent is given - Whether claim should be struck out if no security for costs is provided-applicability of section 388 of Companies Act.

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