Natural Dairy (Nz) Holdings Ltd
| Jurisdiction | Cayman Islands |
| Court | Grand Court (Cayman Islands) |
| Judge | (Segal, J.) |
| Judgment Date | 02 March 2017 |
| Date | 02 March 2017 |
(Segal, J.)
Attorneys: Mourant Ozannes for the company; Harneys for the petitioner.
Companies—compulsory winding up—petition—locus standi to petition
The company issued a summons seeking, inter alia, an order that the winding-up petition issued by the petitioner should be dismissed. It was submitted that (a) the petitioner had failed to comply with the statutory requirements contained in s.94(3)(b) of the Companies Law (2016 Revision); (b) as a result the petition was a nullity and the consequential relief should include an order discharging the appointment of the joint provisional liquidators; and (c) even if the petition was not a nullity, it should be struck out given the failure to comply with the requirements in s.94(3)(b).
Section 94(3)...
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The Companies Law (2016 Revision) (as Amended) and Leyou, Inc.
...9 Secondly, Mr Atherton QC for the Applicant relied on Segal J's more recent decision in Re Natural Dairy (NZ) Holdings Limited [ 2017 (1) CILR Note 3]: “(3) The Grand Court had an inherent power to order the substitution of a contributory in the case of a contributory's petition. It would ......
