Judgment
In re Fulcrum Utility Investments Ltd - Judgment
FSD 0082/2012 (CQJ) · 2012-07-30
Unlawful issue of shares at a discount; error in subscription price below par value; failure to comply with Companies Law s.35; voidness of ultra vires share issue; rectification of register; mistake of law and mistake of fact (post‑Kleinwort Benson / Brennan v Bolt Burdon); absence of shareholder acquiescence; validity of treating issue as void vs partly‑paid shares; proper remedy under s.46 Companies Law; absence of prejudice to creditors
Full metadata
| Cause Number | FSD 0082/2012 (CQJ) |
|---|---|
| Court | CIGC (FSD) |
| Judge | Quin J |
| Parties | In re Fulcrum Utility Investments Ltd - Judgment |
| Judgment Date | 2012-07-30 |
| Subject | Unlawful issue of shares at a discount; error in subscription price below par value; failure to comply with Companies Law s.35; voidness of ultra vires share issue; rectification of register; mistake of law and mistake of fact (post‑Kleinwort Benson / Brennan v Bolt Burdon); absence of shareholder acquiescence; validity of treating issue as void vs partly‑paid shares; proper remedy under s.46 Companies Law; absence of prejudice to creditors |
| Filename (current) | 12-07-30-Fulcrum-Utility-Investments-Ltd-In-re.pdf |
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