Five years after it refused to pay rent and took the landlord to the High Court, and two years after it was placed into liquidation on account of unpaid rent, the final branch of litigation brought by the directors of Oceanic Palms Limited (in liq) has been cut down by the Supreme Court.
In a decision dated 14 July 2020, the Supreme Court dismissed the directors’ application for leave to appeal a decision of the Court of Appeal declining to grant an extension of time for the appeal of a High Court decision in which orders were made placing Oceanic Palms into liquidation and declining to delay those orders until its litigation against the landlord was complete.
The Court found that no miscarriage of justice had occurred, so leave could not be granted. That was because the directors were, in substance, attempting to re-litigate their rent dispute with the landlord, which had already been finally resolved in other proceedings.
The Court also cited with approval the Court of Appeal’s findings that the applicants’ argument that they were unaware of the time limits on a statutory demand were implausible, as they were clearly stated in the document, and that any appeal was likely moot as the liquidation of Oceanic Palms was almost complete.
The decision can be found here.