Judgment
In the Matter of Global - IP Cayman
FSD 0260 OF 2023 (MRHCJ) · 2024-Feb-07
Company Law - compulsory winding up - grounds for winding up - inability to pay debts -petition defended on ground that the debt is genuinely disputed on substantial grounds - arbitration clause applicable to matters in dispute - practice of court to dismiss petition in favour of arbitration if debt substantially and genuinely disputed - court may examine evidence to determine threshold issue whether dispute has reasonable prospect of success - Company Law - compulsory winding up - assignment of contract - whether assignment to petitioner effective - whether petitioner has standing to present the petition.
Full metadata
| Cause Number | FSD 0260 OF 2023 (MRHCJ) |
|---|---|
| Court | Grand Court |
| Judgment Date | 2024-Feb-07 |
| Subject | Company Law - compulsory winding up - grounds for winding up - inability to pay debts -petition defended on ground that the debt is genuinely disputed on substantial grounds - arbitration clause applicable to matters in dispute - practice of court to dismiss petition in favour of arbitration if debt substantially and genuinely disputed - court may examine evidence to determine threshold issue whether dispute has reasonable prospect of success - Company Law - compulsory winding up - assignment of contract - whether assignment to petitioner effective - whether petitioner has standing to present the petition. |
| Category | Financial Services Division |
| Filename (current) | 1HI2B9MAWUSN1H60FAHF736A64BA4227EDB433C48332CE11F01B.pdf |
Legislation cited
| Statute | Sections cited | Mentions |
|---|---|---|
| Companies Act | 92(d) | 3 |
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