Company Law

  • Annual General Meeting – Members – whether persons who were not Members of the Company entitled to attend Meeting – whether directors entitled to exclude from the Meeting persons who were not Members of the Company without putting question to the vote of the Meeting -Powers of Chairman of Meeting – whether Chairman entitled to adjourn Meeting without putting question to the vote of the Meeting –

 Jeffrey Conyers v. Allan McDonald and Bermuda Cablevision Limited Civ. Jur. 1992 No. 496, 12 November 1992. [unreported]
  • Directors’ Duties – Bermuda – Companies Act 1981, s. 98 – Pleading – Particulars – Whether case of wilful default sufficiently pleaded – Whether statement of claim should be struck out – The Bermuda Fire & Marine Insurance Co. Ltd. (in liquidation) and others v. BF&M Limited and others Civ. Jur. 1995 No’s 7 & 8, 24 July 1996 [unreported].
  • Belvedere Insurance Company Limited (in liquidation) v Caliban Holdings Limited [2000] Bda LR 42 – preliminary issue – winding up – illegal dividend – debt due and owing – statutory interpretation – reduction in capital – compliance with Companies Act – unjust enrichment – constructive trust.  On appeal: [2001] Bda LR 2 – dividend payment caused Belvedere to become insolvent – approval by Minister for reduction of statutory capital – retroactive approval – strict compliance – preliminary matter
  • First Atlantic Commerce Ltd v Bank of Bermuda Ltd [2007] Bda LR 70 – application for costs – action agreed by both sides no longer to be tried – discontinuance – indemnity costs
  • Ng Pui Lung v (1) C Y Foundation Group Limited and (2) Luck Continent Limited [2010] No. 424 – company’s refusal to hold AGM, interpretation of Bye-Laws, interpretation of Companies Act 1981
  • BNY AIS Nominees Ltd and others v New Stream Capital Fund Ltd [2010] Bda LR 34 – mutual fund companies – segregated accounts company – appointment of receiver – segregated assets under plan – impact of insolvency on directors’ ordinary management powers
This entry was posted in Reported Cases. Bookmark the permalink.

Comments are closed.