QFC 005/2010
Omara and another v Al Mal Bank LLC-1
Type
Case
Court
Qatar Financial Centre - QATAR FINANCIAL CENTRE, CIVIL AND COMMERCIAL COURT
Jurisdiction
Qatar Financial Centre
Taxonomy
Liquidation, Companies & Corporate Bodies
Copyright
LexisNexis
Decision date
16 Feb 2011
Hearing/Judgment date
16 February 2011
Panel
BARBARA DOHMANN QC, LORD CULLEN AND HON RONALD SACKVILLE AO QC
Catchwords
Company - Compulsory winding up - Liquidator - Powers - Application to court for determination of questions arising in course of winding up - Former employee of insolvent bank seeking damages against bank for wrongful dismissal - Bank subsequently being wound up - Liquidators of bank seeking determination of certain questions from court in respect of employee's claim - Whether employee's employment contract with bank executed before employee's employment with bank terminated - Whether contract nonetheless invalid on basis that its execution lacked relevant authority
Background facts
By an application of 17 December 2010, the liquidators of Al Mal Bank LLC bank applied for a freezing order against the respondent Taha Babiker, a former officer of the bank, as well as for disclosure and restriction of travel orders. The application was made under Article 105 of QFC Regulation No. 5/2005 (the ‘Insolvency Regulations’). It was supported by an affidavit of the same date and accompanied by written submissions of counsel. After a telephone hearing on the day the application was made, the court declined to make any orders without notice but shortly thereafter gave directions for the further conduct of the matter. Written submissions were then exchanged before the instant judgment.