March 21 2011
START DATE
END DATE
March 24 2011
Artha Master Fund LLC v. Dufry South America
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
COMMERCIAL COURT
KAWALEY J
John Wasty (Appleby)
Paul Smith and Christian Luthi (Conyers Dill & Pearman)
FACTS OF THE CASE:
Plaintiff sought court appraisal of fair value of its shares in Dufry South America Ltd following disagreement over share valuation after a merger and amalgamation agreement. Plaintiff invoked statutory right under section 106(6) of the Companies Act 1981.
SUMMARY:
Whether court should appraise the fair value of plaintiff's shares and the scope of expert evidence for fair valuation
OUTCOMES:
Defendant entitled to security for costs expert evidence limited to appraisal of DSA Shares only
RULED IN FAVOUR OF:
Defendant
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Artha Master Fund LLC v. Dufry South America
Plaintiff sought court appraisal of fair value of its shares in Dufry South America Ltd following disagreement over share valuation after a merger and amalgamation agreement. Plaintiff invoked statutory right under section 106(6) of the Companies Act 1981.