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Judgment

In the Matter of FGL Holdings - Ruling on Leave to Appeal

FSD 0184/2020 (RPJ) · 2023-09-13

Threshold for granting leave to appeal; Assessment of realistic prospects of success on appeal; Whether issues raise matters of general importance warranting appellate consideration. Company Law; Appellate Procedure; Civil Procedure

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Cause Number FSD 0184/2020 (RPJ)
Court CIGC (FSD)
Judge Parker J
Parties In the Matter of FGL Holdings - Ruling on Leave to Appeal
Judgment Date 2023-09-13
Subject Threshold for granting leave to appeal; Assessment of realistic prospects of success on appeal; Whether issues raise matters of general importance warranting appellate consideration. Company Law; Appellate Procedure; Civil Procedure
Filename (current) 23-09-13-In-the-Matter-of-FGL-Holdings-FSD-184-OF-2020-RPJ-Ruling.pdf
Legislation cited
Statute Sections cited Mentions
Companies Act — 1
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In the Grand Court of the Cayman Islands — Financial Services Division
Cause No. FSD 0184/2020 (RPJ)
In the Matter of FGL Holdings - Ruling on Leave to Appeal
Before
Parker J
Judgment delivered 2023-09-13

230913- In the Matter of FGL Holdings - FSD 184 OF 2020 (RPJ)- Ruling Page 1 of 2 IN THE GRAND COURT OF THE CAYMAN ISLANDS FINANCIAL SERVICES DIVISION Cause No. FSD 184 OF 2020 (RPJ) IN THE MATTER OF THE COMPANIES LAW (2022 REVISION) AND IN THE MATTER OF FGL HOLDINGS Appearances: Carey Olsen for the Dissenters Maples and Calder (Cayman) LLP for the Company Before: The Hon. Justice Raj Parker Heard: On the papers Date of Decision: 8 September 2023 Draft Ruling Circulated: 8 September 2023 Ruling Delivered: 13 September 2023 RULING ON LEAVE TO APPEAL

The Court has considered the written arguments of the Company and the Dissenters and the material provided in the hearing bundles. The Court has agreed to deal with the Dissenters’ application for leave to appeal paragraphs 2 and 3 of the Order of 9 May 2023 on the papers. FSD0184/2020 Page 1 of 2 2023-09-13 FSD0184/2020 Page 1 of 2 2023-09-13 FSD0184/2020 Page 1 of 2 2023-09-13 FSD0184/2020 Page 1 of 2 2023-09-13 Digitally signed by Advance Performance Exponents Inc Date: 2023.09.13 12:08:43 -05:00 Reason: Apex Certified Location: Apex 230913- In the Matter of FGL Holdings - FSD 184 OF 2020 (RPJ)- Ruling Page 2 of 2

The Court is of the view that the Dissenters do not have realistic prospects of successfully appealing either paragraph and permission is therefore refused.

The Court is also not persuaded that there is a general principle upon which the opinion of the Cayman Islands Court of Appeal is required. _____________________________________ THE HON. MR JUSTICE RAJ PARKER JUDGE OF THE GRAND COURT FSD0184/2020 Page 2 of 2 2023-09-13 FSD0184/2020 Page 2 of 2 2023-09-13 FSD0184/2020 Page 2 of 2 2023-09-13 FSD0184/2020 Page 2 of 2 2023-09-13

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