Re iKang Healthcare Group, Inc - Judgment on Fair Rate of Interest
Section 238(11) of the Companies Act (2018 Revision) – determining the fair rate of interest following the Court’s decision as to the fair value amount – the proper approach to determining the Prudent Investor Rate – the nature of the objective test to be applied – the approach in the Delaware jurisprudence considered in detail and whether that approach should be followed with or without modification in this jurisdiction – the asset allocation and returns to be assumed for the purpose of determining the Prudent Investor Rate – liability for the costs of the main section 238 proceedings. Company Law; Shareholder Remedies; Valuation and Appraisal; Civil Procedure
| Cause Number | FSD 0032/2019 (NSJ) |
|---|---|
| Court | CIGC (FSD) |
| Judge | Segal J |
| Parties | Re iKang Healthcare Group, Inc - Judgment on Fair Rate of Interest |
| Judgment Date | 2024-09-11 |
| Subject | Section 238(11) of the Companies Act (2018 Revision) – determining the fair rate of interest following the Court’s decision as to the fair value amount – the proper approach to determining the Prudent Investor Rate – the nature of the objective test to be applied – the approach in the Delaware jurisprudence considered in detail and whether that approach should be followed with or without modification in this jurisdiction – the asset allocation and returns to be assumed for the purpose of determining the Prudent Investor Rate – liability for the costs of the main section 238 proceedings. Company Law; Shareholder Remedies; Valuation and Appraisal; Civil Procedure |
| Filename (current) | 24-09-11-Re-iKang-Healthcare-Group-Inc---Judgment-on-Fair-Rate-of-Interest.pdf |
| Statute | Sections cited | Mentions |
|---|---|---|
| Companies Act | 238(11), 238(9) | 4 |
| Judicature Act | 34, 34(1) | 3 |
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