BCC 289/2007

This case involved a claim taken by a partner in a company which was being liquidated and some staff against other partners, the trustees and the liquidator. A key issue was whether the employees' unpaid salaries and end of service gratuity should be treated as privileged debts.

Background

A partner and teachers filed a case against other partners, a liquidator and a trustee before the court requesting the liquidator and trustee to provide the thirteenth claimant a bank statement of the amounts they had paid and received during the liquidation period. It also considered if the liquidator and the third and fourth defendants should pay the claimants 16084 Dinars, and the defendants should pay the thirteenth claimant 104038 Dinars. There was also a request for the appointment of an expert in order to review the case. The partner said that she was a partner in a kindergarten and a school with other partners and the liquidator and the trustee had made mistakes that affected the rights of the claimant.

The court dismissed the case.

The claimants appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision