IN RE PHILELEFTHEROS
(1988)1 CLR 160 ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ CyLaw | Αναφορικά μ'εμάς | " target="_top">Επικοινωνία | Όροι χρήσης Έρευνα - Κατάλογος Αποφάσεων - Εμφάνιση Αναφορών (Noteup on) - Αρχείο σε μορφή PDF - Αφαίρεση Υπογραμμίσεων
(1988)1 CLR 160 1988 March 29 (KOURRIS, J.) IN THE MATTER OF ARTICLE 155.4 OF THE CONSTITUTION AND S.9 OF THE COURTS OF JUSTICE MISCELLANEOUS PROVISIONS LAW, 1964 AND IN THE MATTER OF AN APPLICATION BY «O FILELEFTHEROS LTD» FOR AN ORDER OF CERTIORARI. Application No.60/88). Prerogative orders-Certiorari-Leave to apply for-Principles applicable-Applicant should make out a prima facie case. Companies-Injunction upon ex parte application restraining a company from holding a meeting, which had been convened and was due to be held on the same date, when the injunction was issued (19.3.1988), until determination of the application, based, inter alia, on Rules 3 and 8 of the Companies Rules and fixed for hearing on 30.3.88-Leave to apply for an order of certiorari to quash the injunction granted. The facts of this case sufficiently appear from the Judgment of the Court. Leave to apply for an Order of certiorari granted. Cases referred to: A. G. v. Christou, 1962 C.L.R. 129; Re Papadopoullos
(1968)1 C.L.R. 66; Re Panaretou
(1972)1 C.L.R. 165; Re Kakos
(1985)1 C.L.R.
- Application. Application for leave to apply for an order of certiorari for the purpose of bringing up and quashing the order of the District Court of Nicosia in Appl. No.82/88 dated 19th March, 1988 and for an order staying the proceedings in the above application. L. Papaphilippou, for the applicant. Cur. Adv. vult. KOURRIS J. read the following decision. This is an application for leave to apply for an Order of Certiorari for the purpose of quashing the order of a Judge of the District Court of Nicosia in Application No. 82/88 and also for an Order staying the proceedings in Application 82/
- The facts of the case as they appear form the affidavit sworn in support of the application by Constantinos HjiNicolaou, the Secretary of «Fileleftheros Ltd.» are as follows:- On 19th March, 1988, a Judge of the District Court of Nicosia, on an ex parte application filed by a certain Efthymios HjiEfthymiou, and Gavriella Stavridou, who are Directors of «O Fileleftheros Ltd.» issued an injunction restraining the said company from holding a meeting on the same day, i.e. on 19th March, 1988, until the determination of the application which was fixed for hearing on 30th March,
- The application was based on Regulations 3-8 of the Companies Rules of Part II of table A in the First Schedule of the Companies Law, Cap. 113, on the Regulations contained in the memorandum of «O Fileleftheros Ltd.» and on the inherent powers of the Court. The Question which falls for determination by me at this stage is whether there is a prima facie arguable case made out sufficiently to justify the granting of leave to the applicant to move this Court in due course to issue an Order of Certiorari. It is not necessary for me to go into the matter thoroughly, but it is sufficient if on the basis of the applicant's statement and the affidavit in support, the Court is satisfied that such leave should be granted. (See A.G v. Panayiotis Christou, 1962 C.L.R. 129 at pp. 133 and 134; ex parte Costas Papadopoulos,
(1986)1 C.L.R. 66; in re Nina panaretou
(1972)1 C.L.R. 165; in re Kakos
(1985)1 C.L.R. 250. Counsel for the applicants argued that there is a flagrant illegality on the proceedings in that the application before the District Court of Nicosia is not envisaged by any law or rule and the proceedings are unknown to the law. He said that the ex parte application is not based on any application by summons or write of summons and that the said application is not available for the commencement of any action in this country and particularly under the Company Law and rules. He argued that under the Companies Law (Subsidiary Legislation of Cyprus) Vol II, p. 279, Rules 5 and 6 provide for only two types of application, namely by petition and by summons; and these Rules further state when a petition is to be used and in what circumstances an application by summons is to be used that the ex parte application is unknown to the Companies Rules. Likewise, he said that sections 141-152 do not provide for an injunction against a Director who is in breach. Lastly, he contended that there has been a breach of the rules of natural justice in that the injunction granted by the Trial Judge was permanent and he issued it without having heard the other parties, i.e. the applicants of the application in hand. I have considered the argument of learned counsel for the applicant and at this stage, it would appear that the applicant has a prima facie arguable case that there has been an error of law on the face of the proceedings, and in the circumstances, I grant leave to the applicant to file an application for an Order of Certiorari within 15 days from today and all proceedings before the District Court in Application No. 82/88 to be stayed. Application Granted. cylaw.org: Από το ΚΙΝOΠ/CyLii για τον Παγκύπριο Δικηγορικό Σύλλογο