The plaintiffs brought a motion for summary judgment against the defendant, alleging misappropriation of funds.
The defendant brought a cross-motion to dismiss the action as statute-barred.
The court found that the plaintiff was an undischarged bankrupt when the action was commenced, meaning the cause of action had vested in the trustee in bankruptcy and the plaintiff lacked capacity to sue.
The action was therefore a nullity.
Furthermore, the limitation period had expired, precluding any curative order.
The defendant's cross-motion was granted, the action was dismissed, and the plaintiffs' motion was dismissed.
