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30 September 2011
On June 16 2011 the Supreme Court of Mauritius, acting through its jurisdiction of judge in chambers, delivered an interlocutory judgment on the appointment of an administrator under the Insolvency Act 2009. This recent piece of legislation has replaced existing legislation and now governs matters touching on insolvency and winding-up in Mauritius.
In Alridge v Mordaunt Estates Ltd 2011 SCJ 186, a shareholder challenged both a decision taken by the board of directors of a Mauritian company to place the company into voluntary administration and the appointment of an administrator.
The shareholder applied to the judge in chambers for an interim writ of injunction:
The judge sitting in chambers declined to grant the injunction, as he took the view that the applicant shareholder had failed to establish a prima facie case for the prayers that he sought.
From a legal perspective, even though this is a judgment given in chambers and remains open to challenge, it is noteworthy as this is the first decision of the Supreme Court, through its jurisdiction of the judge in chambers, regarding the appointment of administrators under the Insolvency Act 2009. This judgment provides a precedent as to the approach that the Supreme Court is likely to adopt in the future in similar matters.
The following points are noteworthy:
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