2/7/1905

START DATE

END DATE

1/26/2011

Xena Investments Ltd. v New Stream Capital Fund Limited (In Liquidation)

COURT:

LAW:

JUDGE(S):

CLAIMANT'S LAWYER:

DEFENDANT'S LAWYER:

Supreme Court of Bermuda Commercial Court

Commercial Law

Kawaley J

Kevin Taylor Marshall Diel & Myers

Martin Ouwehand Appleby

FACTS OF THE CASE:

Plaintiff a redemption creditor in Class K shares concerned about priority over other creditors due to actions by Tensor Endowment Ltd. another shareholder

SUMMARY:

Application for leave to pursue action against a company in liquidation interpretation of section 167(4) of the Companies Act 1981

OUTCOMES:

Application refused costs awarded to defendant

RULED IN FAVOUR OF:

Defendant

PLAINTIFF/CLAIMANT

DEFENDANT:

DURATION (DAYS):

ISSUES:

RELEVANCE:

RULING:

RULING TYPE:

CASES CITED:

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