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Hawkes v Cuddy

[2009] 2 BCLC 427

Case summary last updated at 23/01/2020 18:48 by the Oxbridge Notes in-house law team.

Judgement for the case Hawkes v Cuddy

1)     Jurisdiciton of courts under s.994 and IA 1986 s.122(1)(g) are ‘parallel’.
Ø  However is possible to have cases in which there is no unfair prejudice but winding-up is justified
Ø  And vice-versa
2)     If Parliament had intended jurisdictions of two sections to be coterminous, would not have used different language in both sections
3)     Re Guidezoneshould not be followed

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