Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
Disciplinary scrutiny of an interim resolution professional focused on alleged misrepresentation, concealment and reconstitution of the committee of creditors without approval. The tribunal found the IRP was given specific directions and an opportunity to explain discrepancies but did not avail the chances; therefore observations characterising the IRP's conduct as prejudicial to the corporate insolvency resolution process were supported by the record. The request to expunge adverse observations for breach of natural justice was rejected and the appeals were dismissed.
Disciplinary scrutiny of an interim resolution professional focused on alleged misrepresentation, concealment and reconstitution of the committee of creditors without approval. The tribunal found the IRP was given specific directions and an opportunity to explain discrepancies but did not avail the chances; therefore observations characterising the IRP's conduct as prejudicial to the corporate insolvency resolution process were supported by the record. The request to expunge adverse observations for breach of natural justice was rejected and the appeals were dismissed.
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