DIFC 025/2015

Re Dubai Holding Insurance Services PCC Ltd; MAS Clearsight Ltd v Not Applicable

Background facts

On 13 September 2015, the applicant issued a winding-up petition in respect of MAS Clearsight Ltd a company registered in the Dubai International Financial Centre, pursuant to Pt 54 of the DIFC Court Rules 2014 (RDC), art 50 of DIFC Law No. 3/2009 (the Insolvency Law) and reg 8.7.2 of the DIFC Insolvency Regulations. Issues arose as to the appointment of a liquidator.

Issues

The issues concerned: (i) whether SH, of a firm of chartered accountants, should be appointed as provisional liquidator; and (ii) the procedure for the appointment of liquidator in the winding up. Consideration was given to Practice Direction 3/2011 (PD 3/2011) and RDC r 103.

Disposition

The court ruled:

Holding

(1) SH would be appointed as provisional liquidator. He would have all the powers as set out in Sch 3 of the Insolvency Law (see [1], [2] of the judgment).