In a recent decision of the BVI Commercial Court, the Honourable Mr Justice Wallbank dismissed an application by the Defendants in King Bun Limited & Ors v Lau Man Sang James & Ors to set aside a previous order granting...more
We have published a series of articles dealing with directors’ duties in the zone of insolvency. In previous briefings, we have written about the high-profile UK Supreme Court ruling in Sequana and the New Zealand Supreme...more
Nov 2023 In August 2021, the BVI Commercial Court handed down judgment on liability in favour of the Claimants against seven directors of Vanway for carrying out a fraud on the minority shareholders, in selling the assets of...more
12/8/2023
/ Board of Directors ,
Breach of Duty ,
British Virgin Islands ,
BVI Business Companies ,
Corporate Governance ,
Corporate Liability ,
Dispute Resolution ,
Fiduciary Duty ,
Final Judgment ,
Fraud ,
Hong Kong ,
Minority Shareholders ,
Settlement
On 24-25 October 2023, Justice Wallbank of the BVI Commercial Court presided over a valuation trial in the matter of Soemarli Lie v Ng Min Hong & Success Overseas Finance Limited BVIHC(Com) 2020/147 (the “Valuation...more
On 7 July 2023, the Eastern Caribbean Court of Appeal handed down judgment in BVIHCMAP 2021/0034 Lau Man Sang, James and Others v. King Bun Limited and Others. Conyers represented the successful Respondents before the Court...more
9/7/2023
/ Appeals ,
Board of Directors ,
Breach of Duty ,
British Virgin Islands ,
Business Companies Act ,
BVI Business Companies ,
Commercial Court ,
Corporate Governance ,
Corporate Restructuring ,
Duty of Care ,
Fiduciary Duty ,
Shareholder Litigation
On 8 March 2023, the Grand Court of the Cayman Islands appointed Joint Provisional Liquidators (“JPLs”) over Atom Holdings (the “Company”), a Cayman incorporated holding company for the Atom Group, which operated a...more
On 14 April 2023, the Governor of the Cayman Islands issued a general licence (GL/2023/0002) for the payment of legal fees (the “Cayman General Licence”). This means that, under specified circumstances, Designated Persons...more
On 20th December 2022, the Cayman Islands Court of Appeal (“CICA”) delivered its second judgment in the matter of Changyou.com Limited v Fourworld Global Opportunities Fund Ltd & others (“Changyou.com case”). The CICA...more
5/3/2023
/ Appeals ,
Appellate Courts ,
Cayman Islands ,
CICA ,
Companies Act ,
Dissenters Rights ,
Mergers ,
Shareholders ,
Short-Form Mergers ,
Stocks ,
UK Privy Council
With a marked increase in large-scale cross-border insolvency and restructuring proceedings in the Cayman Islands and elsewhere, there is a greater focus on principles of comity and co-operation between courts and...more
11/8/2022
/ Australia ,
Cayman Islands ,
Companies Act ,
Cross-Border ,
Hong Kong ,
Insolvency ,
Jurisdiction ,
New Zealand ,
Remote Hearings ,
Restructuring ,
UNCITRAL
The Judicial Committee of the Privy Council (‘the JCPC’) is the final and highest Court of Appeal for the Cayman Islands, eleven other British Overseas Territories, three Crown Dependencies and nine commonwealth countries...more
The Judicial Committee of the Privy Council is the highest court of appeal for several Commonwealth jurisdictions and it will be sitting, physically, in the Cayman Islands in November 2022. This provides a timely reason to...more
On 24 June 2022, the Honourable Mr Justice Harris (of the High Court of Hong Kong Special Administrative Region) granted assistance to Cayman Islands appointed Joint Provisional Liquidators (the “JPLs”) of Seahawk China...more
7/29/2022
/ Business Assets ,
Business Litigation ,
Cayman Islands ,
Cross-Border ,
Hong Kong ,
Insolvency ,
Investment Funds ,
Jurisdiction ,
Liquidation ,
Shareholder Resolution ,
Shareholders
In a recent first-instance judgment handed down by Kawaley J on 21 April 2022 in The Matter of Formation Group (Cayman) Fund I LP, the Grand Court of the Cayman Islands has held that a winding up petition may be presented...more
In the recent decision of Evergreen International Holdings Limited, delivered on 11 January 2022, the Grand Court of the Cayman Islands made an order for the immediate winding up of a company notwithstanding the company’s...more
2/24/2022
/ Amended Legislation ,
Business Litigation ,
Cayman Islands ,
Companies Act ,
Corporate Restructuring ,
Creditors ,
Debtors ,
Dismissals ,
Hong Kong ,
Provisional Measures ,
Rational Basis Test ,
Winding Up Petitions
On 23 November 2021, the BVI Commercial Court handed down judgment in Soemarli Lie v (1) Ng Min Hong and (2) Success Overseas Finance Limited (the “Company”) following a four-week trial which took place in October 2020....more
Conyers represented the successful claimants in Claim No. BVIHCM 2017/086 King Bun Limited and Others v. Lau Man Sang, James and Others, a derivative action commenced by minority shareholders concerning disputes about...more
On 1 June 2021, the Eastern Caribbean Court of Appeal handed down its decision in the matter of Yao Juan v. Kwok Kin Kwok and Crown Treasure Group Limited which was an appeal of the 23 April 2020 decision of the Hon Justice...more
In Sang Cheol Woo v Charles C Spackman, the BVI Commercial Court handed down its first written judgment on the issue of whether the Court has jurisdiction to grant a committal order against a judgment debtor resident and...more