Background

A claimant brought a claim against a company and its sponsor, ordering the payment of bounced cheques by an expatriate who had been running the company on the sponsor's behalf. The sponsor stated they had leased the company's trade licence to the expatriate, and the agreement between the parties stated that the expatriate would be liable for the company's debts, management and any money drawn on its bank account. The sponsor stated the claimant knew about this agreement, and that the claim should not be directed at them as the claimant had only had dealings with the company and the expatriate. The court of first instance ordered both defendants to pay the amount claimed. The sponsor appealed, and the appeal court upheld the judgement. The sponsor appealed by cassation.

Decision