Judgment
In the matter of Oakwise Value Fund SPC - Reasons for Decision
FSD 0303/2024 (IKJ) · 2024-12-16
Segregated portfolio company-petition presented by company on insolvency and just and equitable grounds-application to appoint joint provisional liquidators for restructuring purposes in relation to two solvent portfolios and one portfolio of doubtful solvency-whether enactment of restructuring officer regime deprived the Court of all jurisdiction to appoint joint provisional liquidators for restructuring purposes-appropriate characterisation of grounds for appointing provisional liquidators-Companies Act (2023 Revision), sections 91A-J, 92 (d)-(e), 94 (2),and 104 (3)-(4). Insolvency; Company Law; Investment Funds; Civil Procedure
Full metadata
| Cause Number | FSD 0303/2024 (IKJ) |
|---|---|
| Court | CIGC (FSD) |
| Judge | Kawaley J |
| Parties | In the matter of Oakwise Value Fund SPC - Reasons for Decision |
| Judgment Date | 2024-12-16 |
| Subject | Segregated portfolio company-petition presented by company on insolvency and just and equitable grounds-application to appoint joint provisional liquidators for restructuring purposes in relation to two solvent portfolios and one portfolio of doubtful solvency-whether enactment of restructuring officer regime deprived the Court of all jurisdiction to appoint joint provisional liquidators for restructuring purposes-appropriate characterisation of grounds for appointing provisional liquidators-Companies Act (2023 Revision), sections 91A-J, 92 (d)-(e), 94 (2),and 104 (3)-(4). Insolvency; Company Law; Investment Funds; Civil Procedure |
| Filename (current) | 24-12-16-In-the-matter-of-Oakwise-Value-Fund-Reasons-for-Decision.pdf |
Legislation cited
| Statute | Sections cited | Mentions |
|---|---|---|
| Companies Act | 104 (3), 8 | 5 |
| Companies Winding Up Rules (subordinate) | 6(1) | 1 |
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