Question regarding the right to appeal against bankruptcy proceedings order

Justices: Øie, Endresen, Møse, Normann, Høgetveit Berg 

A shareholder that also asserted a status as creditor, appealed against a court order to commence bankruptcy proceedings in a company. The Supreme Court, having conducted an oral hearing, held that it followed from section 72 subsection 2 of the Bankruptcy Act, as the provision read after an amendment of 22 April 2016 no. 3, that creditors still have a right to appeal against orders to commence bankruptcy proceedings. The fact that the shareholder was also a creditor was considered. A shareholder's interests in the company and the significance of the company's economic situation after the commencement of the bankruptcy proceedings, were however not sufficient to give the shareholder a right to appeal. It was also held that under general rules on civil procedure, a third party does generally not have a right to appeal in the capacity of creditor or shareholder. The Court of Appeal's order, having dismissed the appeal against the bankruptcy proceedings for lack of a right to appeal, was set aside, and the appeal against the County Court's order was referred to the court of appeal.