Judgment
In re Emergent Capital Limited (In Liquidation) - Ruling
FSD 0029/2011 (AJJ) · 2011-11-11
Whether a shareholder (RAAL) may appear on creditor appeals against rejection of proofs; Scope of CWR O.16; Liquidator as quasi‑judicial adjudicator; Inherent jurisdiction to allow participation only if a special circumstance shows liquidator cannot properly represent estate; No such special circumstance; Application dismissed; Costs directions on indemnity/standard basis
Full metadata
| Cause Number | FSD 0029/2011 (AJJ) |
|---|---|
| Court | CIGC (FSD) |
| Judge | Jones J |
| Parties | In re Emergent Capital Limited (In Liquidation) - Ruling |
| Judgment Date | 2011-11-11 |
| Subject | Whether a shareholder (RAAL) may appear on creditor appeals against rejection of proofs; Scope of CWR O.16; Liquidator as quasi‑judicial adjudicator; Inherent jurisdiction to allow participation only if a special circumstance shows liquidator cannot properly represent estate; No such special circumstance; Application dismissed; Costs directions on indemnity/standard basis |
| Filename (current) | 11-11-11-Emergent-Capital-Limited-in-Liquidation.pdf |
Legislation cited
| Statute | Sections cited | Mentions |
|---|---|---|
| Companies Winding Up Rules (subordinate) | — | 2 |
| Companies Act | — | 1 |
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