JUDGMENT

Introduction

[1] The facts giving rise to this appeal are relatively straightforward. In 2013, the plaintiff, a private limited company initiated a suit against the defendants at the High Court; the defendants filed a counterclaim against the plaintiff company. While the suit was ongoing, the plaintiff was wound up by an order of the winding-up court on 1 September 2015; the Official Receiver was appointed as the liquidator of the plaintiff company.

[2] On 18 January 2016, the liquidator gave sanction to the plaintiff's contributory and its solicitors to proceed with the suit in the High Court against the defendants. On 28 November 2017, the High Court dismissed the claims by both parties.

[3] Acting on instructions of the contributory, the solicitors filed a Notice of Appeal on 22 Deemeber 2017. On even date, the solicitors acting on the instructions of the contributory, also applied to the liquidator for sanction to file the Notice of Appeal and to proceed with the appeal in the Court of Appeal. On 2 February 2018, the liquidator gave its sanction, which sanction was stated to take effect retrospectively from 21 December 2017.