In the matter of Seahawk China Dynamic Fund - Judgment
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
| Neutral Citation | [2022] CIGC (FSD) 23 |
|---|---|
| Cause Number | FSD 0023/2022 (DDJ) |
| Court | CIGC (FSD) |
| Judge | Doyle J |
| Parties | In the matter of Seahawk China Dynamic Fund - Judgment |
| Judgment Date | 2022-08-09 |
| Subject | 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 |
| Filename (current) | 22-08-09-In-the-matter-of-Seahawk-China-Dynamic-Fund.pdf |
| Statute | Sections cited | Mentions |
|---|---|---|
| Companies Act | 92(e), 94(1)(c), 95(3) | 5 |
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