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ARTICLE · 07 SEPTEMBER 2022

Seahawk China Dynamic Fund: Winding Up On Just And Equitable Grounds

In a recent decision, the Grand Court of the Cayman Islands grappled with the question of whether the need for an investigation into the affairs of the company is a stand-alone ground for winding up.

GlobalCorporate/Commercial Law

Seahawk China Dynamic Fund: winding up on just and equitable grounds

In a recent decision1, the Grand Court of the Cayman Islands grappled with the question of whether the need for an investigation into the affairs of the company is a stand-alone ground for winding up. While the Court did not determine the question conclusively, it did provide an indication of how it may rule if the issue were to be placed squarely before the Court again.    

In the Matter of Seahawk China Dynamic Fund

Mr Lau Chun Sun (the Petitioner) invested in Seahawk China Dynamic Fund (Seahawk China) which was set up by Mr Hao Liang (Mr Laing) in 2017. Seahawk China was solvent and had been successful in generating substantial profits since its inception. Seahawk China was managed pursuant to a management services agreement (IMA) with an investment management company owned and controlled by the Petitioner (the Manager). However, Mr Laing directed the management of Seahawk China and

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