Background and Key Facts:
The case concerned a fraudulent conveyance action initiated in 2013 by Sekerbank T.A.S. against Huseyin Arslan, alleging improper transfer of shares worth several million dollars to Murad Al-Katib, trustee of the Carme Trust. Alternatifbank A.S. joined as a plaintiff in 2017. Both banks eventually settled and discontinued their claims, leaving Yapi ve Kredi Bankasi Anonim Sirketi (YK Bank) seeking to be added as a plaintiff to preserve its own claims, which were otherwise time-barred.

Legal Issues:

1. Whether the consent discontinuance filed by Alternatifbank and the defendants should have been set aside.
2. Whether YK Bank could be substituted as a plaintiff under The King’s Bench Rules or The Limitations Act, SS 2004, c L-16.1.

The court held that the discontinuance was valid and YK Bank, as a non-party, lacked standing to challenge it. It reasoned that a fraudulent conveyance claim remained under the control of the plaintiff until judgment.

Decision and Costs:
The court dismissed YK Bank’s application to set aside the discontinuance and add itself as a plaintiff. Costs were awarded to the defendants, with the specific amount unspecified in the judgment.