JUDGMENT Bodilly, J. - This is an action brought without leave against a Receiver of the Court and according to the authorities the party so proceeding is in contempt of Court. The Receiver being an officer of the Court it is necessary that he should be protected from being harassed by actions that may be frivolous and vexatious. 2. There is no direct authority as to whether the Court can subsequently ratify proceedings that have commenced against a Receiver without its permission and dealing with the matter on principle and without any direct authority being brought to my notice, I am of opinion, and I hold, that the consent of the Court to an action to be brought against a Receiver appointed by the Court is a condition precedent to the right of the party to sue and that cannot be rectified by an application to the Court for permission to continue an action wrongly brought without the permission of the Court. 3. I therefore refuse the first portion of this petition. 4. As regards the second portion of the petition, in which I am asked in the alternative to grant leave to institute a fresh action against the Receiver in respect of the same cause of action, I do not think until the present action against the Receiver has either been dismissed or withdrawn, that I can make any order. I therefore adjourn the application as regards the second prayer until the existing action has been withdrawn or has abated in some way or another. I give the parties liberty to apply and I adjourn all question of costs to be dealt with on a future application