In the matter of Rhone Holdings, LP - Reasons for Judgment
Companies Law (2013 Revision), Part V, s. and s.s.89, 92, 95(1)(2) and (3) - Exempted Limited Partnership Law (2014 Revision), s. and s.s.3, 4(1)(2), 35, 36- Partnership Law (2013 Revision) s. and s.s.26(1), 32 and 58 - Winding Up Petition filed on Just and Equitable Ground - Striking Out Application - Clauses in Limited Partnership Agreement by which partners agreed not to present winding up petition and termination of Partnership to occur only in manner provided for in Agreement -Whether enforceable or whether void as contrary to public policy - Whether s.95(2) of Companies Law applicable to exempted limited partnership; Winding‑up petition on just and equitable ground; Strike‑out application; Contractual prohibition on presenting a winding‑up petition (LPA clause 5.12); Mandatory effect of Companies Law s.95(2); Whether limited partners may contract out of statutory petition rights; Public policy arguments; ELPL interaction with Part V Companies Law; Moss v Elphick common‑law doctrine; No discretion to proceed where petitioner is contractually bound not to petition
All PDF copies on file (3)
Every PDF we hold for this judgment is listed here, including legacy versions pulled from earlier upstream pipelines. Each carries a provenance note so the source of each copy is explicit.
| Cause Number | FSD 0119/2015 (IMJ) |
|---|---|
| Court | CIGC (FSD) |
| Judge | Mangatal J |
| Parties | In the matter of Rhone Holdings, LP - Reasons for Judgment |
| Judgment Date | 2015-09-29 |
| Subject | Companies Law (2013 Revision), Part V, s. and s.s.89, 92, 95(1)(2) and (3) - Exempted Limited Partnership Law (2014 Revision), s. and s.s.3, 4(1)(2), 35, 36- Partnership Law (2013 Revision) s. and s.s.26(1), 32 and 58 - Winding Up Petition filed on Just and Equitable Ground - Striking Out Application - Clauses in Limited Partnership Agreement by which partners agreed not to present winding up petition and termination of Partnership to occur only in manner provided for in Agreement -Whether enforceable or whether void as contrary to public policy - Whether s.95(2) of Companies Law applicable to exempted limited partnership; Winding‑up petition on just and equitable ground; Strike‑out application; Contractual prohibition on presenting a winding‑up petition (LPA clause 5.12); Mandatory effect of Companies Law s.95(2); Whether limited partners may contract out of statutory petition rights; Public policy arguments; ELPL interaction with Part V Companies Law; Moss v Elphick common‑law doctrine; No discretion to proceed where petitioner is contractually bound not to petition |
| Filename (current) | 15-09-29-Rhone-Holdings-L-P-In-re-Reasons-for-Judgment-with-Errata.pdf |
| File MD5 | 9a14df8d6958b9fb674c2e9c120ba21b |
| Source pipeline | pdb |
| PDB record ID | 3674 |
| PDB URL | https://judicial.ky/n0c-storage/judgments-repository2/15-09-29-Rhone-Holdings-L-P-In-re-Reasons-for-Judgment-with-Errata.pdf |