Jersey Judgment

Gamlestaden v Baltic Partners Ltd. [2007] JLR 393 (25 April 2007)

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Professional case brief

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Source document

01

Holding and result

A shareholder who has invested in a joint venture company by providing loans may be granted relief under art. 143(1) if the relief offers a real financial benefit to the shareholder as a creditor, even if the company is insolvent and there is no benefit as a shareholder.

Court disposition

relief granted

Orders

  • Relief under art. 143(1) granted to applicant shareholder-creditor

02

Material facts

Parties

Gamlestaden

Applicant

Baltic Partners Ltd.

Respondent

03

Procedural history

  1. Posture

    Company Law Unfair Prejudice Petition / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
Relief should be available under art. 143(1) even if the applicant's benefit is as a creditor, not just as a shareholder, especially where the company is insolvent.
Respondent
Relief under art. 143(1) is only available if there is a benefit to the applicant in their capacity as a shareholder, not as a creditor.

05

Court’s reasoning

  1. 01

    Companies (Jersey) Law 1991, art. 143(1)

    Relief under Companies (Jersey) Law 1991, art. 143(1) is not automatically unavailable if there is no benefit to the applicant as a shareholder, such as when the company is insolvent.

06

Ratio, limits and disposition

Ratio decidendi

A shareholder who has invested in a joint venture company by providing loans may be granted relief under art. 143(1) if the relief offers a real financial benefit to the shareholder as a creditor, even if the company is insolvent and there is no benefit as a shareholder.

Court disposition

relief granted

  • Relief under art. 143(1) granted to applicant shareholder-creditor

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[2007] JLR 393

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BAILII >> Databases >> Jersey Law Reports >> Gamlestaden v Baltic Partners Ltd. [2007] JLR 393 (25 April 2007) URL: https://www.bailii.org/je/cases/JLR/2007/JLR070393.html Cite as: [2007] JLR 393 [ New search ] [ Help ] Gamlestaden v Baltic Partners Ltd. 2007 JLR 393 (25 April 2007) Companies-minority shareholders-unfair prejudice-under Companies (Jersey) Law 1991, art. 143(1), relief not ipso facto unavailable if no benefit to applicant as shareholder, e.g. if company insolvent-if shareholder of joint venture company invests in venture by providing loans to company, relief granted if offers real financial benefit to shareholder as creditor The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2007 JLR 393 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2007/JLR070393.html

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Companies (Jersey) Law 1991, art. 143(1)

Legislation

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