response to that
letter. The Court has been informed that last week, that is
in July 1998, Mr. Holmaranta paid over 10,000 US dollars to
the Trustees in bankruptcy which they consider to be far too
late and an indication has been given to the Court that the
money will be returned to Mr. Holmaranta."
[d] In the light of those findings
of fact, he accepted the opinion of Professor Majamaa that -
[1] "this has been a case of normal
realisation of the property in a bankrupt's estate: against
consideration, the bankrupt's, estate has abandoned the dispute
related to the ownership of the share"
[2] the bankrupt's estate was authorised
by the creditors' meeting to make such agreement.
[3] "Lauri Antero
Holmaranta has not provided any collateral security although
the meeting of the creditors did offer him such possibility.
Neither did Mr Holmaranta provide any security at a later stage,
although, according to the law, providing such security at the
meeting of. the creditors is an absolute condition for obtaining
the right of action in, the case. ... Mr. Lauri Antero Holmaranta
therefore has no right to present himself as a party in the
said case."
[4] "the bankrupt's estate has abandoned
the dispute related to the shares in a final manner which is
binding to Mr. Holmaranta, to the benefit of Mr. Kari E. Lindroos
for the price ordered by the bankrupt's estate, and Mr. Holmaranta
has therefore no right to carry on in his own name the respective
dispute initiated by him."
[e] Accordingly Acting Deemster
Corrin concluded that the compromise reached between the Respondent
and the Trustees was binding on the Appellant and he ordered [inter
alia] that -
[1] the Appellant had no locus standi
to appear at any hearing in relation to the Petition;
[21 pursuant to the agreement between
the Respondent and the Trustees, the Respondent was the beneficial
owner of the issued share capital of Regatta.