Article: APL Holdco Ltd v Apple Properties Ltd

Mark Hubbard has written a case analysis for LexisNexis UK on the recent decision in APL Holdco Ltd v Apple Properties Ltd.

The High Court dismissed a petition to wind up a solvent Isle of Man company on the just and equitable ground, despite an admitted breakdown of trust and confidence and functional deadlock.

The article considers the court’s approach to causation and the clean-hands principle, with the court finding that conduct attributable to Holdco was the sole cause of the breakdown and deadlock. It also considers the availability of alternative remedies in the Isle of Man.

The decision provides useful guidance on contributories’ petitions concerning foreign companies, particularly where the company is solvent and alternative remedies exist in its domestic forum.

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