Bruno Calfat Advogados represented OSX Brasil S.A., OSX Brasil – Porto do Açu S.A., and OSX Serviços Operacionais Ltda., all under judicial reorganization, in an early evidence production action filed by one of its creditors in the judicial reorganization proceedings.
The purpose of the action was the prior execution of expert evidence to demonstrate the alleged economic unfeasibility of the companies undergoing reorganization, aiming to justify the denial of their new judicial reorganization request.
The 3rd Corporate Court of Rio de Janeiro granted the injunction requested by Porto do Açu and ordered the immediate execution of the expert examination.
The OSX Group companies appealed the decision, and the appeal was judged by the 12th Chamber of Private Law of the State Court of Rio de Janeiro.
In its ruling, the State Court dismissed the requested expert examination, fully accepting the arguments presented by the OSX Group, which demonstrated that the early evidence production was inappropriate for the intended purpose, since the analysis of economic feasibility of the OSX Group, falls under the jurisdiction of the Creditors’ Committee, to be carried out in the judicial reorganization proceedings themselves.
Finally, the 12th Chamber of Private Law of the State Court of Rio de Janeiro ordered the dismissal of the early evidence production action, pursuant to Article 485, VI, of the Brazilian Code of Civil Procedure.
The companies of the OSX Group are also represented by Bruno Calfat Advogados in the judicial reorganization proceedings.