In the matter of MTBL Global Fund - Judgment
Application to restore company to the register and to make a winding up order on restoration - the petitioner had previously brought proceedings against the company in Singapore – the company was struck off thereby preventing the petitioner from continuing those proceedings - the company’s management failed to take steps to restore the company to the register – the petitioner sought restoration to enable it to continue the proceedings and a winding up order to ensure that company would not be struck off again – the company’s management did not oppose the relief sought - whether the petitioner had standing to present the winding up petition and whether a winding up order should be made in the circumstances particularly where the petitioner’s claims were disputed in the Singapore proceedings and having regard to the need to avoid a winding up order stifling the company’s defence of those proceedings. Corporate Insolvency; Investment Funds Law; Cross-Border Insolvency
| Cause Number | FSD 0268/2023 (NSJ) |
|---|---|
| Court | CIGC (FSD) |
| Judge | Segal J |
| Parties | In the matter of MTBL Global Fund - Judgment |
| Judgment Date | 2024-03-28 |
| Subject | Application to restore company to the register and to make a winding up order on restoration - the petitioner had previously brought proceedings against the company in Singapore – the company was struck off thereby preventing the petitioner from continuing those proceedings - the company’s management failed to take steps to restore the company to the register – the petitioner sought restoration to enable it to continue the proceedings and a winding up order to ensure that company would not be struck off again – the company’s management did not oppose the relief sought - whether the petitioner had standing to present the winding up petition and whether a winding up order should be made in the circumstances particularly where the petitioner’s claims were disputed in the Singapore proceedings and having regard to the need to avoid a winding up order stifling the company’s defence of those proceedings. Corporate Insolvency; Investment Funds Law; Cross-Border Insolvency |
| Filename (current) | 24-03-28-In-the-matter-of-MTBL-Global-Fund-Judgment.pdf |
| Statute | Sections cited | Mentions |
|---|---|---|
| Companies Act | 159 and 94 | 3 |
| Companies Winding Up Rules (subordinate) | — | 1 |
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