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Judgment

Parmalat Capital Finance Ltd and Ors v Food Holdings Ltd and Dairy Holdings Ltd - Certificate of Order of the Court

Civ App 0016/2006 · 2006-08-30

Companies Law; Liquidation; Conditional leave to appeal; Security for costs; Record preparation

Full metadata
Cause Number Civ App 0016/2006
Court CICA (Civ)
Judge Forte JA, Taylor JA, Zacca JA
Parties Parmalat Capital Finance Ltd and Ors v Food Holdings Ltd and Dairy Holdings Ltd - Certificate of Order of the Court
Judgment Date 2006-08-30
Subject Companies Law; Liquidation; Conditional leave to appeal; Security for costs; Record preparation
Filename (current) 06-08-30-Parmalat-Capital-Finance-Ltd-v-Food-Holdings.pdf
Legislation cited
Statute Sections cited Mentions
Companies Act — 1
Full text5 paragraphs Download PDF

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In the Court of Appeal of the Cayman Islands — Civil Division
Cause No. Civ App 0016/2006
Between
Parmalat Capital Finance Ltd and Ors
- v -
Food Holdings Ltd and Dairy Holdings Ltd - Certificate of Order of the Court
Before
Forte JA, Taylor JA, Zacca JA
Judgment delivered 2006-08-30

IN THE COURT OF APPEAL OF THE CAYMAN ISLANDS CIVIL APPEAL NO. 16 OF 2006 [GRAND COURT CAUSE NO. 830 OF 2003] IN THE MATTER OF THE COMPANIES LAW (2004 REVISION) AND IN THE MATTER OF PARMALAT CAPITAL FINANCE LIMITED (In Liquidation) ("the Company") BETWEEN: (1) Parmalat Capital Finance Limited (2) Parmalat Finance Corporation BV (3) Olex SA (4) Parmalat Netherlands BV (5) Parmalat Soparfi SA (6) Parmalat SpA ("Old Parmalat") (7) Parmalat SpA ("New Parmalat") (8) Parmalat Participacoes do Brasil Ltda Appellants AND: (1) Food Holdings Ltd (In Liquidation) (2) Dairy Holdings Ltd (In Liquidation) Respondents CERTIFICATE OF THE ORDER OF THE COURT UPON the hearing of the Notice of Motion dated 30th August, 2006. BEFORE: The Rt. Hon. Mr. Justice E. Zacca, President The Hon. Mr. Justice M. Taylor, J.A. The Hon. Mr. Justice I. Forte, J.A. In the presence of Alan Turner of Turner & Roulstone for the Applicants/Appellants, Mark Holligon of Walkers for the Respondents and Charles Quin Q.C. for Bank of America. I HEREBY CERTIFY that an Order was made on 20th day of November, 2006 as follows:

The Applicants are hereby granted conditional leave to appeal to Her Majesty-in-Council against the decisions of this Honourable Court of Appeal herein dated the 11th August, 2006.

The Applicants do enter into good and sufficient security in a sum of CI$750.00 within 30 days of the date hereof for the due prosecution of the appeal and the payment of all such costs as may become payable by the Applicants herein in the event of it not obtaining an order granting it final leave to appeal, or of the appeal being dismissed for non-prosecution, or of Her Majesty-in-Council ordering the Applicants herein to pay the costs of the appeal (as the case may be).

That the record of Appeal be prepared by the Applicants and sent to Her Majesty-in-Council within 30 days of the date hereof.

That the costs of this application be costs in the cause to Her Majesty-in-Council. Given under my hand and the Seal of the Court this 27th day of November, 2006. [Signature] Registrar Civil Form 5, Rule 27

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