In the matter of OneTradex Ltd - Reasons for Rulings
Securities Investment Business - report by its auditor of improprieties - appointment of controllers by the Monetary Authority over its affairs - controllers application for their appointment as provisional liquidators - basis for appointment of provisional liquidators payment of liquidation costs from assets of clients held on trust -Berkeley Applegate principle - distribution of assets in satisfaction of claims while disputed claims unresolved - jurisdiction to allow - setting of liquidation reserve to meet costs and unresolved claims while allowing for return of assets - principle for setting of such a reserve - whether provisional liquidators might be allowed interim payment on costs jurisdiction to allow interim payments.
| Neutral Citation | [2020] CIGC (FSD) 166 |
|---|---|
| Cause Number | FSD 0166/2019 (ASCJ) |
| Court | CIGC (FSD) |
| Judge | Smellie CJ |
| Parties | In the matter of OneTradex Ltd - Reasons for Rulings |
| Judgment Date | 2020-10-01 |
| Subject | Securities Investment Business - report by its auditor of improprieties - appointment of controllers by the Monetary Authority over its affairs - controllers application for their appointment as provisional liquidators - basis for appointment of provisional liquidators payment of liquidation costs from assets of clients held on trust -Berkeley Applegate principle - distribution of assets in satisfaction of claims while disputed claims unresolved - jurisdiction to allow - setting of liquidation reserve to meet costs and unresolved claims while allowing for return of assets - principle for setting of such a reserve - whether provisional liquidators might be allowed interim payment on costs jurisdiction to allow interim payments. |
| Filename (current) | 20-10-01-OneTradex-OTX-Ltd.pdf |
| Statute | Sections cited | Mentions |
|---|---|---|
| Companies Act | 104(3) | 6 |
| Insolvency Practitioners Regulations (subordinate) | 10(2) | 3 |
| Securities Investment Business Act | 17(2)(ii) | 2 |
| Securities Investment Business (Conduct of Business) Regulations (subordinate) | 40 | 2 |
| Anti-Money Laundering Regulations (subordinate) | — | 1 |
| Grand Court Act | 20(1) | 1 |
| Grand Court Rules - Vol I - Orders (subordinate) | — | 1 |
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