Holling v Aman Resorts Group Ltd
27 Apr 2017
This was spin off litigation from the lengthy and acrimonious Aman Resorts litigation conducted between Vladislav Doronin and Omar Amanat. H claimed to be a creditor of ARGL, a BVI company, to the extent of several million US$ mainly for fees for advising it on the purchase of Aman Resorts, and sought an order for the appointment of a liquidator. ARGL was, on any view, insolvent and had been struck off for non-payment of fees. The company was restored to the register at the behest of Mr Doronin. The company opposed the application on the grounds that it disputed H’s claim in good faith and on substantial grounds. In particular, the authority of Mr Amanat to bind ARGL was put in issue. The judge held that three was substantial reason to question H’s claim to be a creditor and that the claim was, therefore, disputed on substantia grounds. The application was dismissed.
This is a useful reminder that the insolvency of the company is not, by itself, grounds for making a winding up order. The petitioner must also establish that he has locus to make the application, usually by establishing on that he is, indeed, a creditor of the company for a sufficient amount to support a petition.