Judgment
Adamas Global Alternative Investment Management Inc v The Public Institution for Social Security for the State of Kuwait and Others; Adamas Capital Partners Limited v The Public Institution for Social Security for the State of Kuwait and Others - Ruling o
Civ App 0017/2019; Civ App 0026/2019; Civ App 0027/2019 · 2019-12-13
Costs rulings following appeals under section 131(b) of the Companies Law (2018 Revision); Interpretation and application of section 131(b) regarding supervised liquidation; Reasonableness of stakeholder conduct in opposing petitions for supervised liquidation; Application of Henderson J’s dictum in Re Parmalat Capital Finance Ltd regarding costs in insolvency proceedings; Whether appeals involved novel points of law justifying deviation from usual costs orders; Determination of costs on standard vs indemnity basis; Consequences of setting aside Grand Court supervision orders and replacement by Court of Appeal orders
Full metadata
| Cause Number | Civ App 0017/2019; Civ App 0026/2019; Civ App 0027/2019 |
|---|---|
| Court | CICA (Civ) |
| Judge | Beatson JA, Field JA, Morrison JA |
| Parties | Adamas Global Alternative Investment Management Inc v The Public Institution for Social Security for the State of Kuwait and Others; Adamas Capital Partners Limited v The Public Institution for Social Security for the State of Kuwait and Others - Ruling o |
| Judgment Date | 2019-12-13 |
| Subject | Costs rulings following appeals under section 131(b) of the Companies Law (2018 Revision); Interpretation and application of section 131(b) regarding supervised liquidation; Reasonableness of stakeholder conduct in opposing petitions for supervised liquidation; Application of Henderson J’s dictum in Re Parmalat Capital Finance Ltd regarding costs in insolvency proceedings; Whether appeals involved novel points of law justifying deviation from usual costs orders; Determination of costs on standard vs indemnity basis; Consequences of setting aside Grand Court supervision orders and replacement by Court of Appeal orders |
| Filename (current) | 31xb3issirc1e9ec2370b1ce1f23bc27a01e018d2cb8b950c9a_1.pdf |
Legislation cited
| Statute | Sections cited | Mentions |
|---|---|---|
| Companies Act | 131 (b), 150 | 4 |
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