Judgment
DD Growth Premium 2X Fund (In Official Liquidation) v RMF Market Neutral Strategies (Master) Ltd - Reasons for Judgment
Civ App 0024/2014 · 2015-05-29
Application for security for costs of an appeal under section 19(2) of the Court of Appeal Law (2011 Revision); Interpretation and application of section 74 of the Companies Law (2013 Revision) in the context of appeals; Balancing risk of stifling a meritorious appeal versus protecting respondent from unrecoverable costs; Consideration of appellant’s insolvency and inability to raise funds from investors or third-party funders; Assessment of whether the appeal had sufficient merit to justify exemption from security; Determination of reasonable quantum for security and costs of the application.
Full metadata
| Cause Number | Civ App 0024/2014 |
|---|---|
| Court | CICA (Civ) |
| Judge | Mangatal J |
| Parties | DD Growth Premium 2X Fund (In Official Liquidation) v RMF Market Neutral Strategies (Master) Ltd - Reasons for Judgment |
| Judgment Date | 2015-05-29 |
| Subject | Application for security for costs of an appeal under section 19(2) of the Court of Appeal Law (2011 Revision); Interpretation and application of section 74 of the Companies Law (2013 Revision) in the context of appeals; Balancing risk of stifling a meritorious appeal versus protecting respondent from unrecoverable costs; Consideration of appellant’s insolvency and inability to raise funds from investors or third-party funders; Assessment of whether the appeal had sufficient merit to justify exemption from security; Determination of reasonable quantum for security and costs of the application. |
| Filename (current) | 1gfhuol0nm1y1de17h058fadf3261f37320da6493d399db04945.pdf |
Legislation cited
| Statute | Sections cited | Mentions |
|---|---|---|
| Companies Act | 37, 74 | 9 |
| Court of Appeal Act | 19(2) | 2 |
| Grand Court Rules - Vol I - Orders (subordinate) | 23 | 1 |
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