When liquidation happens mid-litigation, silence can be costly
Litigation can sometimes feel like a long-running stage production. Pleadings are exchanged, attorneys correspond, dates are diarised, costs are incurred and everyone continues playing their part.
But what happens when one of the actors has, legally speaking, already left the stage?
In a recent matter, litigation had been ongoing for some time before it emerged that the opposing parties had already been liquidated months earlier. No formal disclosure had been made. No withdrawal had been communicated by their attorneys. The matter simply continued, despite a material development that should have changed the way the litigation was approached.
