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Company Law – Contributory’s Winding Up Petition on Just and Equitable Basis – section 94(1)(c) of the Companies Law (2018 Revision) – Application to Vary Validation Order entered by Consent, but which contained “liberty to apply” – Whether need for good grounds or change of circumstances or evidence that could not have been obtained at time of consent order – Reporting Obligation – Spending Cap – Relevance of such conditions not being usual in the Cayman Islands but usual in Hong Kong – Listed Company – Listed on Hong Kong Stock Exchange – Legal Fees
Company Law – Date of Presentation of Petition – Stage of Application – Final Declaration sought at interlocutory stage – All relevant and affected parties not before, and could not be before the Court at this stage – Court’s Discretion – Justice must not only be done, but must be seen to be done
Husband and Wife – Divorce – Wife’s Amended Petition – Wife’s divorce brought on consensual ground of parties living apart for two years – Respondent must affirmatively consent to the decree and it is not sufficient that he or she does not oppose it – Consent must still exist at time of proving of petition – Amendment of Petitions and requirement to seek leave of the court pursuant to the procedure set out in Rule 14 Matrimonial Causes Rules (2003 Revision) – The fact alleged under s.10(1) of the Law on which it is sought to satisfy the court that the marriage has broken down irretrievably must appear in the Petition – Petitions to be treated as one petition and 2 years living apart must immediately precede the filing date of the Petition and not of the Amended Petition.
Divorce – Ancillary relief – Application to adjourn 3 day final ancillary relief hearing – equality of arms and legal representation – Should a party inform the other party if they have instructed or intend to instruct a Queen’s Counsel?
This is an appeal from a judgment given by Carter J (Ag) (‘the judge’) on 28 June 2018. The judge ruled that the respondent (‘Lorimar’), a building developer, was not liable to the appellants (‘the Aydocs’) for damages arising out of Lorimar’s alleged breach of a construction contract between the parties dated 1 February 2012 (‘the contract’).
Each of these Applicants was sentenced to a term or terms of imprisonment for life prior to the coming into force on 15th February 2016 of the Conditional Release Law, 2014. Each was returned to the Grand Court under the transitional provisions provided by section 23(1) of the Law for that court to exercise its powers under section 14 and – specify the period of incarceration [he]- shall serve before [he]- is eligible to be considered for conditional release on licence- The Applicants Larry Ricketts, Brian Borden, Raziel Jeffers and Leonard Ebanks were each convicted of murder.
Magdalyn Burlington v Butterfield Bank (Cayman)- heard at the same time with Magdalyn Burlington and McAlphine Ltd.
Civil Practice and Procedure – Application by Defendant for Leave to Issue Third Party Notice – Whether the Dispute Resolution Procedure and Arbitration Clause Applicable – Application by Plaintiff to add proposed third party as a Defendant instead.
Restructuring and distribution of trust assets – jurisdiction of court to direct Trustee – Trustee’s right to apply to court for the “blessing” of its decisions to restructure and distribute – obligation of trustee to make full and frank disclosure of relevant information – whether Court should give final blessing to effect distribution before all steps in the transaction are completed and disclosed to the Court – Trustee to be indemnified if acting with the blessing of the Court – Court’s approval to be binding upon all beneficiaries including minors and future unborns – duty of Court to satisfy itself that it is fully informed and that interests of minors and unborns are protected.
Action for recovery of an indemnity and/or contribution or for equitable subrogation on the basis of joint tortfeasor liability – action brought both in England and in Cayman – whether permissible to grant leave to serve out in such circumstances on the basis that Cayman could become the proper forum for trial of the claims – Limitation Defence – whether available to former director who acted in fraudulent breach of trust.
Civil Practice and Procedure – Striking Out – Order 18, Rule 19(1) of the GCR – whether claim an abuse of process – whether frivolous or vexatious – whether collateral attack on judgment – whether manifest unfairness to party to litigation – whether claim would bring the administration of justice into disrepute
The interpretation and application of Section 12 and Section 41 of the Limitation Law (1996 Revision) – The intent and purpose of the Limitation Law- The need for a thematic approach to statutory construction.
FSD 57 of 2019 is a Writ action filed by XiO GP Limited (“XiO GP”) against Joseph Pacini, Carsten Geyer and Fei (Murphy) Qiao (“JCM”), on 8 April 2019. It was agreed that preliminary points in FSD 57 of 2019 and arising in FSD 73 of 2019, would be heard together.
Costs of succesful application for anti-suit injunction-indemnity costs- GCR Order 62 rule 4
(I I)-application for interim payment-Grant Court Rules Order 62 rule 4(7) (h)-award of
damages reflecting costs of foreign proceedings – governing principles.
Section 238 of the Companies Law-dissenter discovery-legal advice privilege-litigation privilege-validity of privilege claims in relation to valuations-need for privilege claimant to particularise the relevant documents so that the validity of the claim can be assessed
Husband and Wife – Divorce – Wife’s Amended Petition – Wife’s prayer for divorce on ground of parties living apart for five years – Whether amended petition part of original petition – Petitions to be treated as one petition and 5 years living apart must immediately precede the filing date of the Petition and not of the Amended Petition.
On July 23, 2019, I delivered a judgment granting the Petitioner’s application as sole Participating Shareholder of the Company a Supervision Order under section 131(b) and appointing representatives of FTI Consulting as Joint Official Liquidators in place of the Joint Voluntary Liquidators appointed by the Manager as the sole holder of Founder Shares.
Action against attorneys for breaches of duties of confidence, trust and loyalty- application for summary judgment on basis that there is no arguable defence – existence of the lawyer-client relationships- the Trillium Indicia for the identification of the relationships- acceptance of conflicting retainer – disclosure of confidential information to party hostile to clients – whether to be excused because any other reasonably competent attorney would have obtained disclosure in light of clients’ obligation to disclose – distinction between fiduciary and contractual duties- continuing nature of the duty of confidence beyond termination of retainer.