This case has been cited 1 times or more.
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2014-07-18 |
CARPIO, J. |
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| In NM Rothschild & Sons (Australia) Limited v. Lepanto Consolidated Mining Company,[33] NM Rothschild changed its name to Investec Australia Limited, in accordance with Australian law, pending resolution of its petition before this Court. Thus, when we required the parties to file memoranda, NM Rothschild referred to itself as Investec Australia Limited (formerly "NM Rothschild & Sons [Australia] Limited"). Lepanto sought the dismissal of the case because the petition was not filed by the real party in interest. We held that: [The] submissions of petitioner on the change of its corporate name [are] satisfactory and [we] resolve not to dismiss the present Petition for Review on the ground of not being prosecuted under the name of the real party in interest. While we stand by our pronouncement in Philips Export on the importance of the corporate name to the very existence of corporations and the significance thereof in the corporation's right to sue, we shall not go so far as to dismiss a case filed by the proper party using its former name when adequate identification is presented. A real party in interest is the party who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit. There is no doubt in our minds that the party who filed the present Petition, having presented sufficient evidence of its identity and being represented by the same counsel as that of the defendant in the case sought to be dismissed, is the entity that will be benefited if this Court grants the dismissal prayed for.[34] | |||||