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Judgment

In the Matter of Ascot Fund Ltd. (In Official Liquidation)

FSD 0003 OF 2019 (IKJ) · 2021-Jan-11

Solvent liquidation of fund company- distribution rights of members- contractual right to paripassu distribution before and after commencement of winding- up- distribution of proceeds of pre-liquidation settlement of New York proceedings in a manner preferential to members with small shareholdings- whether adjustment required to post- liquidation distributions to take into account benefits conferred on small shareholders by settlement distribution - whether distribution of settlement proceeds constituted unlawful return of capital by the company - liability of members in restitution for receipt of unlawful distributions.

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