Judgment
In re Belmont Asset Based Lending Ltd between In re Belmont Asset Based Lending Ltd - Reasons for Order for Directions
FSD 0015/2009 (AJJ) · 2012-07-13
Construction of an ISDA‑structured Option Agreement; whether Option created a creditor relationship; nature of leveraged vs unleveraged share classes; whether “Strike” under Option produced limited‑recourse economic effect; distinction between physical settlement and cash settlement; whether court should imply payment obligation; treatment of redemption proceeds under Option; relevance of business common sense in contractual interpretation; application of Investors Compensation Scheme principles; limited recourse lending analogy; rejection of proof of debt
Full metadata
| Cause Number | FSD 0015/2009 (AJJ) |
|---|---|
| Court | CIGC (FSD) |
| Judge | Jones J |
| Parties | In re Belmont Asset Based Lending Ltd between In re Belmont Asset Based Lending Ltd - Reasons for Order for Directions |
| Judgment Date | 2012-07-13 |
| Subject | Construction of an ISDA‑structured Option Agreement; whether Option created a creditor relationship; nature of leveraged vs unleveraged share classes; whether “Strike” under Option produced limited‑recourse economic effect; distinction between physical settlement and cash settlement; whether court should imply payment obligation; treatment of redemption proceeds under Option; relevance of business common sense in contractual interpretation; application of Investors Compensation Scheme principles; limited recourse lending analogy; rejection of proof of debt |
| Filename (current) | 12-07-13-Belmont-Asset-Based-Lending-Limited-In-re.pdf |