million lawsuit filed against Waxoyl Ltd., its bank, and its directors.

Waxoyl, a Bermuda-registered rustproofing products maker, went into liquidation four years ago. The company apparently did not operate in Bermuda.

The company's liquidator Deloitte & Touche, represented by lawyer Saul Froomkin, is seeking about $4.7 million in damages, claiming the directors failed to fulfil their responsibilities, the Bank of Butterfield breached its mandate and the Bank of Butterfield Executor & Trustee Company Ltd. (BETCO) was in breach of contract.

Lawyer Mark Diel, representing the Bank of Butterfield, BETCO., and Waxoyl directors Mr. Stephen Whitaker Kempe, Mr. Kenneth Wallace Morgan, Mr. Anthony James Saunders, and Mr. John David MacKenzie Dobson, had sought to appeal a decision which refused access to several particulars which he claims are integral to the case.

The court chose to refuse the application to appeal saying in its judgment: "Since the statement of claim has been pleaded with sufficient particularity to disclose the case of the plaintiff, no further particulars were required.'' Mr. Diel had solicited responses to 80 requests from the defendants' attorney but was only granted two of the particulars by Chief Justice the Hon. Austin Ward last October.

"We did not get our order, we did not get leave to appeal. The main action proceeds on,'' said Mr. Diel.

"There are a few more procedural issues related to documents (before the matter can be heard in court),'' he added.

It is not known when the matter will be heard but legal proceedings associated with the company date back to 1991.

Mr. Diel had also sought application to appeal a decision related to the late filing of an affidavit associated with the same case. The court refused the application because Mr. Diel did not, and still has not, indicated a reason why the affidavit was late.