Admissibility of electronic evidence bars undervaluation demands where printouts, retracted statements and no cross-examination leave the case unprove...
Limitation in oppression and mismanagement proceedings: prior knowledge of removal and dilution barred the challenge, with valuation directions upheld...
Insolvency professional agency governance rules amended to add nominee directors, tighten independent director eligibility, and regulate managing dire...
A liquidation auction for sale of a corporate debtor as a going concern was confined to the corporate debtor on an as is where is, as is what is, whatever there is and no recourse basis, and an alleged business plan could not enlarge the sale to include subsidiaries, joint ventures, associates or other third-party assets. The text notes that such assets were not shown to form part of the liquidation estate, and the prayers for restraint against alienation and for further extension or amendment of the payment schedule were rejected. Cancellation of the bid for non-payment was upheld, but the forfeiture of deposited sums remained unresolved because the Members differed on that limited issue.
A liquidation auction for sale of a corporate debtor as a going concern was confined to the corporate debtor on an as is where is, as is what is, whatever there is and no recourse basis, and an alleged business plan could not enlarge the sale to include subsidiaries, joint ventures, associates or other third-party assets. The text notes that such assets were not shown to form part of the liquidation estate, and the prayers for restraint against alienation and for further extension or amendment of the payment schedule were rejected. Cancellation of the bid for non-payment was upheld, but the forfeiture of deposited sums remained unresolved because the Members differed on that limited issue.
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