Andrew O’Brien KC appeared for the respondents, instructed by Morrow Peterson.
The applicants sought orders to wind up two companies which they equally shared control in with the respondents. The main issue was whether the resulting circumstance warrant a winding up order, and if so, whether the applicant is acting unreasonably in seeking such an order (as opposed to accepting an offer from the respondent to be bought out).
The Court held that the applicant’s reasoning for seeking the company to be wound up were merely cosmetic points of difference, and ordered the application be dismissed with costs of the application to be shared between the parties.
The judgment can be read by clicking here
