Representation of Galasys Plc [2017] JRC 105 (03 July 2017)

Representation of Galasys Plc [2017] JRC 105 (03 July 2017)

The Company is granted leave to discontinue as Representor and be re-designated as a Party Cited without any condition as to payment of costs or sums to Mr Teh and Mr Lai, as the most efficient and proportionate way to resolve the outstanding issues is to allow the proceedings to continue with the Company as a Party Cited, and it would not be just or appropriate to impose the requested payment terms as a condition of discontinuance.

Citation
[2017] JRC 105
Parties
First Representor / Company / Applicant: Galasys Plc; Second Representor: Mr Teh; Third Representor (formerly, Now Not Participating): Mr Lai; Respondent: Mr Seah; Respondent: Mr Chuah; Respondent: Mr Hee; Respondent: Mr Chin
Jurisdiction
Jersey
Judgment Date
03 July 2017
Procedural Posture
Representation (civil, Company Law) / Application for Leave to Discontinue as Representor and Be Re Designated as Party Cited
Outcome
Leave granted for the Company to discontinue as Representor and be re-designated as Party Cited; no order as to payment of costs or sums as a condition of discontinuance.
Legal Topics
Discontinuance of Proceedings, Authority of Directors, Costs Orders, Board Disputes, Corporate Governance
Company Law Civil Procedure Discontinuance of Proceedings Authority of Directors Costs Orders Board Disputes Corporate Governance

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Parties

Galasys Plc

First Representor / Company / Applicant

Mr Teh

Second Representor

Mr Lai

Third Representor (formerly, Now Not Participating)

Mr Seah

Respondent

Mr Chuah

Respondent

Mr Hee

Respondent

Mr Chin

Respondent

Procedural Posture

Representation (civil, Company Law) / Application for Leave to Discontinue as Representor and Be Re Designated as Party Cited

Legal Issues

  1. 1 Whether the Company should be granted leave to discontinue as Representor and be re-designated as Party Cited
  2. 2 On what terms such leave should be granted, particularly as to costs and payment of sums allegedly owed to Mr Teh and Mr Lai

Ratio Decidendi

The Company is granted leave to discontinue as Representor and be re-designated as a Party Cited without any condition as to payment of costs or sums to Mr Teh and Mr Lai, as the most efficient and proportionate way to resolve the outstanding issues is to allow the proceedings to continue with the Company as a Party Cited, and it would not be just or appropriate to impose the requested payment terms as a condition of discontinuance.

Court Disposition

Leave granted for the Company to discontinue as Representor and be re-designated as Party Cited; no order as to payment of costs or sums as a condition of discontinuance.

Orders

  • The Company is granted leave to discontinue as Representor.
  • The Company is re-designated as a Party Cited.