Going against the Mauritian Court of Civil Appeal, the UK’s Privy Council has held that the Mauritius Supreme Court has the power to authorise a person other than the liquidator to bring or continue legal proceedings in the name of the company in liquidation.
In a novel case with little precedent in Mauritius, the Privy Council in London has ruled that the Bankruptcy Court of the Supreme Court of Mauritius has jurisdiction under section 174 of the 2009 Insolvency Act (IA) to authorise a person other than the liquidator to pursue a claim on behalf of a company in liquidation.
The ruling, handed down on 14 May by Lords Richards, Briggs, Leggatt and Doherty, and Lady Rose, dealt with two appeals brought by the appellant, Stephen…