EVIC v Greater Europe [2012] 2 JLR 99 (01 August 2012)
A proposal by a fixed-term investment fund, in breach of its offering document, to create a new fund to hold assets of the existing fund is unfair prejudice under Companies (Jersey) Law 1991, art. 141.
- Citation
- [2012] 2 JLR 99
- Parties
- Applicant: EVIC; Respondent: Greater Europe
- Jurisdiction
- Jersey
- Judgment Date
- 01 August 2012
- Procedural Posture
- Company Law Petition / Judgment
- Outcome
- application granted
- Legal Topics
- Minority Shareholder Protection, Unfair Prejudice, Investment Funds
Case Brief
Summary, issues, holding and outcome
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Parties
EVIC
Applicant
Greater Europe
Respondent
Procedural Posture
Company Law Petition / Judgment
Legal Issues
- 1 Whether the proposal by a fixed-term investment fund to create a new fund to hold assets of the existing fund, in breach of its offering document, constitutes unfair prejudice under Companies (Jersey) Law 1991, art. 141
Ratio Decidendi
A proposal by a fixed-term investment fund, in breach of its offering document, to create a new fund to hold assets of the existing fund is unfair prejudice under Companies (Jersey) Law 1991, art. 141.
Court Disposition
application granted
Orders
- Company ordered under art. 143 not to proceed with the proposal.
Full Case Text
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