Irving Picard and Bernard Madoff Investment Securities LLC v Primeo Fund - Interim Judgment
Whether the Court has jurisdiction under sections 241 and 242 of the Companies Law to apply transaction avoidance provisions of foreign insolvency law (e.g., U.S. Bankruptcy Law) in aid of foreign insolvency proceedings; Whether the Court has jurisdiction under sections 241 and 242 of the Companies Law to apply transaction avoidance provisions of Cayman Islands insolvency law in aid of foreign insolvency proceedings; Whether the Court has jurisdiction at common law to apply Cayman Islands transaction avoidance provisions in aid of a foreign insolvency proceeding, and if so, whether such jurisdiction depends on the Court’s ability to make a winding up order under section 91 of the Companies Law.
| Cause Number | Civ App 0001/2013; Civ App 0002/2013 |
|---|---|
| Court | CICA (Civ) |
| Judge | Campbell JA, Chadwick P, Mottley JA |
| Parties | Irving Picard and Bernard Madoff Investment Securities LLC v Primeo Fund - Interim Judgment |
| Judgment Date | 2014-04-16 |
| Subject | Whether the Court has jurisdiction under sections 241 and 242 of the Companies Law to apply transaction avoidance provisions of foreign insolvency law (e.g., U.S. Bankruptcy Law) in aid of foreign insolvency proceedings; Whether the Court has jurisdiction under sections 241 and 242 of the Companies Law to apply transaction avoidance provisions of Cayman Islands insolvency law in aid of foreign insolvency proceedings; Whether the Court has jurisdiction at common law to apply Cayman Islands transaction avoidance provisions in aid of a foreign insolvency proceeding, and if so, whether such jurisdiction depends on the Court’s ability to make a winding up order under section 91 of the Companies Law. |
| Filename (current) | 6wbwg8z4l83a1de607fadc972dfc3384c5ae201b8d916c334f6a.pdf |
| Statute | Sections cited | Mentions |
|---|---|---|
| Companies Act | 103(1), 140(1), 145, 241, 241(1), 241(1)(a), 241(1)(e), 241(2)(b), 241 and 242, 242, 242(1), 242(1)(a), 242(1)(c), 242(… | 93 |
| Companies (Amendment) Law, 2007 (amending) | — | 1 |
| Mutual Funds Act | — | 1 |
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