Guarantors of a company's indebtedness fall within the class of persons who may be authorised by the court to use the name of a company in liquidation for the purpose of litigation, even where the guarantors have not yet paid out under the guarantee and thus have not yet become creditors. The court retains a discretion to permit such use where the action is conducted at the guarantor's risk and expense upon satisfactory indemnity.
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2 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.