DCC 419/2005

This case involved a request for the manager of a company's management to be dismissed for mistakes she had made. The claimant tried to argue the ruling had been based on an illegal expert report as the expert had delegated another party to write it. This was rejected as it had not been used as a defence at the elementary court.

Background

A claimant filed a case against two defendants and requested the court to dismiss the first defendant from the company's management because she had made mistakes which had damaged the company.

The court rejected the case.

The claimant appealed the ruling before the court of appeal. The court rejected the appeal and upheld the appealed ruling.

Decision

The claimant appealed the ruling before the court of cassation and stated in his grounds of appeal that the court had established its ruling based on an illegal report because the expert it appointed had assigned another person to write the report.