Kyle Broadhurst

Representative Matters:

• Broadhurst advises two to the independent directors of the general partner of one of the Abraaj funds, Neoma Private Equity Fund IV LP (formerly known as Abraaj Private Equity Fund IV LP) concerning complex issue arising out of the collapse of the single largest Middle Easters private equity group, said at one time to have had US$ 12 billion of assets under management. Various individuals in the Abraaj Group have been indicted by the US department of Justice and subjected to a complaint by the Securities and Exchange Commission. Dubai’s regulator has fined central companies in the group a record US$ 315 million for the wrongdoing that it identified.

• In the Matter of Wimbledon Financing Master Fund, Broadhurst acted initially for investors who petitioned for winding up of this US$ 100 Million dollar fund which was the victim of fraud. Broadhurst was subsequently instructed by the liquidators of the fund who as a result of proceedings in the Cayman Islands and abroad have obtained judgment and criminal convictions against the parties responsible. The liquidation has thus far given rise to two reported decisions in the Cayman Islands: In re The Wimbledon Fund SPC [2019] CILR Note 1, In re The Wimbledon Fund SPC [2017] CILR Note 10.

• In the Matter of William H. Millard, Broadhurst acted with respect to a US$123 Million dollar foreign tax judgment. Broadhurst acted on behalf of the alleged debtor and subsequently his trustee in bankruptcy. Broadhurst filed the first known debtor’s bankruptcy petition in the Cayman Islands which resulted in a stay being obtained through Chapter 15 recognition in the United States. The proceedings gave rise to three reported decisions in the Cayman Islands: Northern Mariana Is v. Millard [2014] 1 CILR 342, In re Millard [2013] 2 CILR 342, In re Millard [2013] 2 CILR 83.

• Masri v. Consolidated Contractors, Broadhurst acted for the Consolidated Contractors with respect to proceedings in the Cayman Islands concerning this well-known dispute. Broadhurst acted for Consolidated in its successful application setting aside an order granting leave to serve enforcement proceedings relating to a US $65 Million dollar judgment outside the jurisdiction. Broadhurst subsequently again acted in a related proceeding in which Consolidated successful set aside an order granting recognition of foreign receivership. Both proceedings resulted in reported decisions: Masri v. Consolidated Contractors [2011] 1 CILR 79, Masri v. Consolidated Contractors & Anor [2010] 1 CILR 265.

• Governor v. Information Commissioner, Broadhurst represented the Information Commissioner of the Cayman Islands in connection with the release of documents relating to the well-publicized operation Tempura. The matter resulted in two legal proceedings the decisions in both were reported: Governor v. Information Commissioner [2015] 1 CILR 258, Governor v. Information Commissioner [2013] 2 CILR 421

• Tom Jones Intl v. Attorney General, Broadhurst represented the contractor in both legal and arbitration proceedings with respect to the largest public construction project in the Cayman Islands. The legal proceedings gave rise to the following reported decision: Tom Jones Intl v. Attorney General [2010] 2 CILR Note 3

Further information concerning Kyle’s experience in these or other areas of law is available upon request.