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Offshore Cases

Aramid Entertainment Fund Limited -v- KBC Investments V Limited,, per Chadwick J.A. Campbell J.A. Martin J.A. (5 May 2014)

May 2014 Insolvency Winding Up Liquidation

CAYMAN ISLANDS

COURT OF APPEAL

WASTED COSTS - WITHDRAWAL OF WINDING UP PETITION

This was a successful appeal from a judgment digested in the Conyers’ Offshore Case Digest Issue No. 6 and concerns liability for costs on the withdrawal of a creditor’s winding up petition. At first instance the judge had not ordered costs against the petitioning creditor and held that the Court has a broad discretion to depart from the usual rule that a petitioner of an unsuccessful winding up petition should pay the costs of that failure. The Judge found that the appropriate question for the Court to consider in those circumstances was whether the presentation of the petition was reasonable.

 

To continue reading full articles in PDF format:
Aramid Entertainment Fund Limited -v- KBC Investments V Limited,, per Chadwick J.A. Campbell J.A. Martin J.A. (5 May 2014)

 

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EDITOR & HEAD OF LITIGATION BERMUDA

Christian R. Luthi
Tel: +1 441 298 7814
Email: christian.luthi@conyersdill.com


Head of Litigation British virgin islands

Mark J. Forte
Tel: +1 284 852 1113
Email: mark.forte@conyersdill.com


Head of Litigation Cayman Islands

Paul Smith
Tel: +1 345 814 7777
Email: paul.smith@conyersdill.com


HEAD OF THE ASIA DISPUTES & RESTRUCTURING GROUP

Nigel K. Meeson, QC
Tel: +852 2842 9553
Email: nigel.meeson@conyersdill.com

Offshore Cases

Aramid Entertainment Fund Limited -v- KBC Investments V Limited,, per Chadwick J.A. Campbell J.A. Martin J.A. (5 May 2014)

18 May 2014

CAYMAN ISLANDS

COURT OF APPEAL

WASTED COSTS - WITHDRAWAL OF WINDING UP PETITION

This was a successful appeal from a judgment digested in the Conyers’ Offshore Case Digest Issue No. 6 and concerns liability for costs on the withdrawal of a creditor’s winding up petition. At first instance the judge had not ordered costs against the petitioning creditor and held that the Court has a broad discretion to depart from the usual rule that a petitioner of an unsuccessful winding up petition should pay the costs of that failure. The Judge found that the appropriate question for the Court to consider in those circumstances was whether the presentation of the petition was reasonable.

 

To continue reading full articles in PDF format:
Aramid Entertainment Fund Limited -v- KBC Investments V Limited,, per Chadwick J.A. Campbell J.A. Martin J.A. (5 May 2014)

 

 

EDITOR & HEAD OF LITIGATION BERMUDA

Christian R. Luthi
Tel.: +1 441 298 7814
Email.: christian.luthi@conyersdill.com


Head of Litigation British virgin islands

Mark J. Forte
Tel.: +1 284 852 1113
Email.: mark.forte@conyersdill.com


Head of Litigation Cayman Islands

Paul Smith
Tel.: +1 345 814 7777
Email.: paul.smith@conyersdill.com


HEAD OF THE ASIA DISPUTES & RESTRUCTURING GROUP

Nigel K. Meeson, Q.C.
Tel.: +852 2842 9553
Email.: nigel.meeson@conyersdill.com