Judgment
In the Matter of Laggner and others v Uphold Limited and others - Judgment
FSD 0134/2022 (NSJ) · 2023-02-16
Contributory’s winding up petition – summons for directions pursuant to CWR O.3, r.11 (1) – the nature of a contributory’s winding up petition based on the just and equitable ground – proper characterisation of the petition - whether the proceeding should be treated as a proceeding against the company or as an inter partes proceeding between shareholders - whether and the extent to which the company should be permitted to participate in the proceeding. Company Law; Shareholder Remedies; Corporate Governance; Insolvency; Civil Procedure
Full metadata
| Cause Number | FSD 0134/2022 (NSJ) |
|---|---|
| Court | CIGC (FSD) |
| Judge | Segal J |
| Parties | In the Matter of Laggner and others v Uphold Limited and others - Judgment |
| Judgment Date | 2023-02-16 |
| Subject | Contributory’s winding up petition – summons for directions pursuant to CWR O.3, r.11 (1) – the nature of a contributory’s winding up petition based on the just and equitable ground – proper characterisation of the petition - whether the proceeding should be treated as a proceeding against the company or as an inter partes proceeding between shareholders - whether and the extent to which the company should be permitted to participate in the proceeding. Company Law; Shareholder Remedies; Corporate Governance; Insolvency; Civil Procedure |
| Filename (current) | 23-02-16-In-the-Matter-of-Laggner-and-others-v-Uphold-Limited-and-others---FSD-134-of-2022-NSJ---Judgment.pdf |
Legislation cited
| Statute | Sections cited | Mentions |
|---|---|---|
| Companies Act | 92(e) | 2 |
| Companies Winding Up Rules (subordinate) | 11 (1) | 2 |
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