11/2/2022
START DATE
END DATE
8/22/2023
IN THE MATTER OF ISLAND OPHTHALMOLOGY LTD AND IN THE MATTER OF THE COMPANIES ACT 1981
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda
COMMERCIAL COURT COMPANIES (WINDING UP)
The Hon. Chief Justice Hargun
Mr Rhys Williams of Conyers Dill & Pearman Limited
Mr John Hindess of Wakefield Quin Mr Mark Pettingill of Chancery Legal
FACTS OF THE CASE:
Titan Petrochemicals Group Limited (Costs) [2021]
SUMMARY:
Dr Smith petitions for the winding up of Island Ophthalmology Ltd due to unpaid debt of $130000 the company disputes the debt court orders winding up after the company fails to pay within given timeframe costs dispute involves whether Ms Faries a director should bear the petition and company's costs
OUTCOMES:
legality of debt director's liability for costs
RULED IN FAVOUR OF:
Court refuses to order Ms Faries to pay costs usual order for costs as an expense of liquidation
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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