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Judgment

In the matter of Seahawk China Dynamic Fund - Judgment

[2022] CIGC (FSD) 23 · FSD 0023/2022 (DDJ) · 2022-08-09

Dismissal of winding up petition based on the just and equitable ground – assessment of the oral and documentary evidence – consideration of whether there was a quasi-partnership – whether there was justifiable and irretrievable loss of trust and confidence – whether there was serious lack of probity, dishonesty and oppression – whether there was a need for an urgent investigation – whether the Petitioner had a legitimate expectation of participating in the management of the company - whether the Petitioner was unreasonably failing to pursue alternative remedies including the redemption of his shares. Insolvency and Restructuring; Company Law; Investment Funds; Shareholder Remedies; Equity and Trusts; Regulatory and Compliance

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Companies Act 92(e), 94(1)(c), 95(3) 5

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