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E. Apparent conclusion of the Park Proceedings
E.Apparent conclusion of the Park Proceedings
Chief Justice Toal is a retired Chief Justice in the State of South Carolina, but she retains her title. Like Mr Justice Mann (Mann J Judgment/[3]), I will refer to the judge by her title as Chief Justice Toal.
By an order of Chief Justice Toal dated 1 December 2021, the Park Proceedings were listed for trial on 20 June 2022. However, on 3 June 2022, the court was informed by counsel that the Park Proceedings had been fully resolved. The terms of that resolution are unknown to CIHL, which was not involved. There has been no trial of the Park Proceedings in the South Carolina Courts, and it is difficult to understand how (as they clearly are: see the receivership order considered further below) the Park Proceedings are continuing in the South Carolina Courts: Mann J Judgment/[43].
- Heading
- A. Introduction
- B. The Park Proceedings (proceedings commenced in South Carolina)
- The “Cape” defendants to the Park Proceedings
- D. Constitution of the Park Proceedings in South Carolina
- E. Apparent conclusion of the Park Proceedings
- F. The receivership application in the South Carolina courts
- G. Exorbitant nature of the Receivership Order
- H. Mr Protopapas as the First Defendant in these proceedings
- The Tibbs Proceedings
- J. Third party claims
- K. “Single economic unit”: the factual basis for the Receivership Order and the Third Party Claim
- Declarations and orders made by Mann J in the proceedings before him
- The Cape Scheme and the David Richards J Order
- N. The Settlement Agreement
- O. The claims in the present proceedings
- P. The power in this court to make declarations
- Q. Is this a case where it is appropriate for this court to consider making declarations?
- R. Are the declarations properly and soundly based?
- T. Declarations at paragraphs 4 and 5 of the draft order
- Conclusions