The appellant appealed the dismissal of its application for a certificate of pending litigation and specific performance of a real estate agreement.
The agreement was signed by an individual using an unregistered business name 'in trust for a company to be formed'.
The appellant, a pre-existing company, claimed status through a later assignment.
The Court of Appeal dismissed the appeal, holding that the individual violated the Business Names Act and lacked capacity to maintain a proceeding or assign benefits to circumvent the legislation.
