Judgment
In the matter of TYR Capital Partners SPC Ltd - Judgment
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· FSD 0370/2023 (DDJ) · 2024-06-21
Company law – Section 95(2) of the Companies Act (2023 Revision) – whether the Petitioner is contractually bound not to present a winding up petition against the Fund and if so whether the petition should be dismissed – principles of the construction of contracts – necessity for clear and express language where rights and remedies are being abandoned – objective consideration of the natural and ordinary meaning of the words and the agreement as a whole in the relevant factual, corporate and documentary context. Company Law; Insolvency; Contractual Interpretation
Full metadata
| Neutral Citation | https://www.nasdaq.com/rss/markets/stock-market/feed.xml |
|---|---|
| Cause Number | FSD 0370/2023 (DDJ) |
| Court | CIGC (FSD) |
| Judge | Doyle J |
| Parties | In the matter of TYR Capital Partners SPC Ltd - Judgment |
| Judgment Date | 2024-06-21 |
| Subject | Company law – Section 95(2) of the Companies Act (2023 Revision) – whether the Petitioner is contractually bound not to present a winding up petition against the Fund and if so whether the petition should be dismissed – principles of the construction of contracts – necessity for clear and express language where rights and remedies are being abandoned – objective consideration of the natural and ordinary meaning of the words and the agreement as a whole in the relevant factual, corporate and documentary context. Company Law; Insolvency; Contractual Interpretation |
| Filename (current) | 24-06-21-In-the-Matter-of-Tyr-Capital-Partners-Judgment.pdf |
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