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Judgment

XIO Diamond LP - Reasons for Decision

FSD 0256/2019 (IKJ) · 2020-04-30

Just and equitable winding-up petition-adequacy of pleading-amendment-loss of substratum whether jurisdiction to wind-up exists under section 36(3) as read with section 36(13) of the Exempted Limited Partnership Law (2018 Revision)-sections 92, 94 Companies Law (2020 Revision) - Order 1 rule 4, Order 3 rule 2 Companies Winding Up Rules, 2018-Grand Court Rules Orders 9 rule 2 and Order 20 rule 8(1).

Full metadata
Cause Number FSD 0256/2019 (IKJ)
Court CIGC (FSD)
Judge Kawaley J
Parties XIO Diamond LP - Reasons for Decision
Judgment Date 2020-04-30
Subject Just and equitable winding-up petition-adequacy of pleading-amendment-loss of substratum whether jurisdiction to wind-up exists under section 36(3) as read with section 36(13) of the Exempted Limited Partnership Law (2018 Revision)-sections 92, 94 Companies Law (2020 Revision) - Order 1 rule 4, Order 3 rule 2 Companies Winding Up Rules, 2018-Grand Court Rules Orders 9 rule 2 and Order 20 rule 8(1).
Filename (current) 20-04-30-Xio-Diamond-Ltd.pdf
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In the Grand Court of the Cayman Islands — Financial Services Division
Cause No. FSD 0256/2019 (IKJ)
XIO Diamond LP - Reasons for Decision
Before
Kawaley J
Judgment delivered 2020-04-30

IN THE GRAND COURT OF THE C
Index Just and equitable winding-up petition
“1. The Petitioner is granted
“12. Sections 9.
“28. The Petitioner petitions
company’s substratum is gone if the
43 There is no precedent or jurisdiction

In his oral submissions,
Findings: did jurisdiction exist to wind
“(3) Except to the extent that

I accept entirely that the
(b) subject to subsection (9),

Or, to put it
(c) section 145 ("
“129. The Petition
(d) a concise statement of the grounds
to present a petition, then save for

The “real question in
words should remain general and not be reduced
shareholder in the context of how a

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