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Judgment

In the Matter of Kuwait Ports Authority and The Public Institution for Social Security v Port Link GP Ltd, Mark Eric Williams, Wellspring Capital Group, Inc and KGL

[2022] CIGC (FSD) 236 · FSD 0236/2020 (RPJ) · 2022-01-28

Applications for leave to appeal strike‑out and security‑for‑costs rulings; Realistic prospect of success; Exceptional circumstances test; Stay pending appeal; Extension of time for Defence and Counterclaim. Civil Procedure; Company and Commercial Law; Appeals and Appellate Procedure

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Neutral Citation [2022] CIGC (FSD) 236
Cause Number FSD 0236/2020 (RPJ)
Court CIGC (FSD)
Judge Parker J
Parties In the Matter of Kuwait Ports Authority and The Public Institution for Social Security v Port Link GP Ltd, Mark Eric Williams, Wellspring Capital Group, Inc and KGL
Judgment Date 2022-01-28
Subject Applications for leave to appeal strike‑out and security‑for‑costs rulings; Realistic prospect of success; Exceptional circumstances test; Stay pending appeal; Extension of time for Defence and Counterclaim. Civil Procedure; Company and Commercial Law; Appeals and Appellate Procedure
Filename (current) 22-01-28-Port-Link-GP-Ltd.-Ors-v-Kuwait-Ports-Authority-Ors.pdf
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In the Grand Court of the Cayman Islands — Financial Services Division
[2022] CIGC (FSD) 236
Cause No. FSD 0236/2020 (RPJ)
Between
In the Matter of Kuwait Ports Authority and The Public Institution for Social Security
- v -
Port Link GP Ltd, Mark Eric Williams, Wellspring Capital Group, Inc and KGL
Before
Parker J
Judgment delivered 2022-01-28

220128 In the Matter of Kuwait Ports Authority and The Public Institution for Social Security v. Port Link GP Ltd, Mark Eric Williams, Wellspring Capital Group, Inc and KGL Investment Company Asia – FSD 236 OF 2020(RPJ) – Ruling on Leave to Appeal Page 1 of 2 IN THE GRAND COURT OF THE CAYMAN ISLANDS FINANCIAL SERVICES DIVISION Cause No.: FSD 236 of 2020 (RPJ) BETWEEN (1) PORT LINK GP LTD. (2) MARK ERIC WILLIAMS (3) WELLSPRING CAPITAL GROUP, INC (4) KGL INVESTMENT COMPANY ASIA Defendants/Proposed Appellants AND (1) KUWAIT PORTS AUTHORITY (2) THE PUBLIC INSTITUTION FOR SOCIAL SECURITY (3) THE PORT FUND L.P. Plaintiffs/Proposed Respondents Before: The Hon. Justice Parker Ruling Delivered: 28 January 2022 Ruling in respect of judgment handed down on 25 November 2021

D1-D4's Leave applications to appeal the dismissal of the strike out summonses to the Cayman Islands Court of Appeal (CICA). None of the Defendants draft grounds have a realistic prospect of success. There are no exceptional circumstances or public policy issues which require leave to be given. Leave to appeal is refused.

D1's Leave to appeal application to appeal the dismissal of the security for costs summons to CICA. None of D1’s draft grounds has a realistic prospect of success. 220128 In the Matter of Kuwait Ports Authority and The Public Institution for Social Security v. Port Link GP Ltd, Mark Eric Williams, Wellspring Capital Group, Inc and KGL Investment Company Asia – FSD 236 OF 2020(RPJ) – Ruling on Leave to Appeal Page 2 of 2 Leave to appeal is refused.

D2 - D4's stay application until further order following an appeal to CICA. This is refused.

D2-D4’s application that the date for the filing and service by the Defendants of any Defence and Counterclaim shall be extended to the date 30 days after the later of (i) the date of the written Order consequent upon the final judgment by the CICA and (ii) the filing and service by the Plaintiffs of any Re-Re-Amended Statement of Claim consequent upon the appeal. This is refused. ______________________________ THE HON. JUSTICE PARKER JUDGE OF THE GRAND COURT

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