British Virgin Islands Court of Appeal

Floreat Real Estate Ltd. v. Chia Hsing Wang et al: Appeal Judgment (British Virgin Islands)

May 3, 2024

Judgment regarding "Interlocutory appeal – Appeal against order appointing joint provisional liquidators – Standing – Whether Mr. Wang had standing to apply for the appointment of joint provisional liquidators over RAGOF – Bare trusts – Whether XYZ held the XYZ shares on a bare trust for Mr. Wang – Derivative claims – Whether there were special circumstances entitling Mr. Wang to seek the appointment of joint provisional liquidators over RAGOF on a derivative basis – Abuse of court – Subsequent interlocutory proceedings – Whether a subsequent interlocutory application involving the same parties and same issues runs afoul of the abuse of court principles – Whether the dismissal of Ladd v Marshall applications precludes an applicant from introducing that same evidence in the subsequent interlocutory application - The rule in Hollington v Hewthorn – Whether the rule in Hollington v Hewthorn applies to the reliance on decisions of another court in interlocutory applications" in Floreat Real Estate Limited, described as "a professional fund incorporated in Jersey" v. XYZ, described as "a company registered in England"; Chia Hsing Wang, and Real Assets (RA) Global Opportunity Fund I Ltd., described as a British Virgin Islands entity whose assets include "real property in England known as 'Springs Farm'", at the British Virgin Islands Court of Appeal.

Steve Stevanovich v. Barrington Capital Group Ltd.: Appeal Judgment

March 7, 2022

Judgment Dismissing Appeal in Steven Goran Stevanovich v. Marcus Wide and Mark McDonald, as Joint Liquidators of Barrington Capital Group Limited (in Liquidation), at the British Virgin Islands Court of Appeal.

Vladimir Niyazov v. Maples and Calder et al: Appeal Judgment

October 12, 2020

Judgment regarding a legal costs dispute in Vladimir Niyazov v. Maples and Calder and Agon Litigation, both law firms, at the British Virgin Islands Court of Appeal.

Broad Idea International Ltd. v. Convoy Collateral Ltd.: BVI Court of Appeal’s ‘Black Swan’ Judgment

May 29, 2020

Judgment in Broad Idea International Limited, of the British Virgin Islands v. Convoy Collateral Limited, of Hong Kong, at the British Virgin Islands Court of Appeal.

Fairfield Greenwich Ltd. et al v. Fairfield Sentry Ltd. et al: Appeal Judgment (May 2020)

May 13, 2020

Judgment in Fairfield Greenwich Limited and Fairfield Greenwich (Bermuda) Limited v. Kenneth Krys and Charlotte Caulfield, as liquidators of Fairfield Sentry Limited and Fairfield Sigma Limited, and Walter Noel and Jeffrey Tucker v. Kenneth Krys and Charlotte Caulfield, as liquidators of Fairfield Sentry Limited and Fairfield Sigma Limited, at the British Virgin Islands Court of Appeal.

Sancus Financial Holdings Ltd. et al v. Chad Holm et al: Appeal Judgment

March 30, 2020

Judgment regarding an ownership dispute involving the Bank of Asia (BVI) in Sancus Financial Holdings Limited, of the British Virgin Islands; Carson Wen, described as "a corporate lawyer and financial investor", and his wife, Julia Yuet Shan Fung, both of Hong Kong v. Chad Holm, described as "an experienced banker", of the United States, and FH Investment (BVI) Limited, of the British Virgin Islands, at the British Virgin Islands Court of Appeal.

Thelma Paraskevaides et al v. Citco Trust Corp. et al: Appeal Judgment

March 30, 2020

Judgment regarding a "battle for control of BVI Companies" in Thelma Paraskevaides and Christina Paraskevaides v. Citco Trust Corporation, Efthyvoulos Iacovides, Volkart International Ltd., Adow Corporation Inc., Bauru Holdings Ltd., Knock Holdings Ltd., Dandyboard Ltd., Beloglow Limited, Fawntown Limited, Baricrest Limited, and Dabcey Corporation at the British Virgin Islands Court of Appeal.

Stiching Adminsitratiekantoor NEMS v. Anna Radchenko et al: Appeal ‘Reasons for Decision’

March 29, 2019

Reasons for Decision in Stiching Adminsitratiekantoor NEMS v. Anna Radchenko and Igor Borisovitch Gitlin at the British Virgin Islands Court of Appeal.

Friar Tuck Ltd. et al v. International Tax Authority: Appeal Judgment on Costs

March 12, 2019

Judgment on costs in Friar Tuck Ltd. and Quiver Inc. v. International Tax Authority at the British Virgin Islands Court of Appeal.

Ciban Management Corporation v. Citco (BVI) Ltd. et al: Appeal Judgment

February 13, 2019

Judgment in Ciban Management Corporation v. Citco (BVI) Limited and Tortola Corporation Company Limited at the British Virgin Islands Court of Appeal.

Outlook Asset Management LP et al v. Capstone Corporate Ltd.: Appeal Judgment

February 11, 2019

Judgment in Outlook Asset Management LP, Stanhope Overseas Limited, and Concord International Investments Group LP, as appellants, v. Capstone Corporate Limited, as respondent, and Capstone Advisory Services SAE and Sherif Raafat, as defendants, at the British Virgin Islands Court of Appeal.

Tchenguiz Family Trust v. Robert Tchenguiz: Appeal ‘Written Reasons’

January 24, 2019

Written Reasons for Judgment in Rawlinson & Hunter Trustees SA, in its capacity as Trustee of the Tchenguiz Family Trust v. Robert Tchenguiz at the British Virgin Islands Court of Appeal.

Fairfield Greenwich Ltd. et al v. Kenneth Krys et al: Appeal Judgment

October 4, 2018

Judgment in Fairfield Greenwich Limited and Fairfield Greenwich (Bermuda) Limited v. Kenneth Krys and Charlotte Caulfield, as liquidators of Fairfield Sentry Limited and Fairfield Sigma Limited, at the British Virgin Islands Court of Appeal.

Cukurova Holdings AS v. Sonera Holding BV: Appeal Judgment

May 9, 2013

Judgment in Cukurova Holdings AS v. Sonera Holding B.V. at the British Virgin Islands Court of Appeal.

Angel Wise Ltd. v. Stark Moly Ltd.: Appeal Judgment

February 13, 2013

Appeal Judgment in Angel Wise Limited v. Stark Moly Limited at the British Virgin Islands Court of Appeal.

Sheikh Mohamed Ali M. Alhamrani et al v. Sheikh Abdullah Ali Alhamrani: Appeal Judgment

October 3, 2012

Appeal Judgment in Sheikh Mohamed Ali M. Alhamrani, Sheikh Siraj Ali M. Alhamrani, Sheikh Khalid Ali M. Alhamrani, Sheikh Abdulaziz Ali M. Alhamrani, Sheikh Ahmed Ali M. Alhamrani, and Sheikh Fahad Ali M. Alhamrani v. Sheikh Abdullah Ali Alhamrani at the British Virgin Islands Court of Appeal.

Fairfield Sentry Limited (in liquidation): BVI Clawback Appeal Judgment

June 13, 2012

Judgment regarding an attempt by the liquidators of Fairfield Sentry Limited, of the British Virgin Islands, to clawback redemptions from hedge fund investors In the Matter of the liquidation of Fairfield Sentry Limited and In the Matter of Quilvest Finance Limited, Caja de Ahorros y Monte de Piedad de Madrid, Deutsche Bank (Suisse) SA, SNS Global Custody BV, Deutsche Bank Trust Company Americas, Bank Julius Baer & Co. Ltd., Lloyds TSB Bank, Martello Nominees Limited, ABN AMRO Fund Services (Isle of Man) Nominees Limited, Wise Global Fund Limited, Lombard, Odier, Darier, Hentsch & Cie, Mirabaud & Cie, SG Private Banking (Suisse) SA, EFG Bank SA, EFG Bank European Financial Group SA, Pictet & Cie, Credit Suisse London Nominees Limited, Buckmore Nominees Limited, UBS AG, UBS (Cayman) Limited, UBS (Luxembourg) SA, Alfredo Migani, Banco General SA, Banca Privada, Arbitral Finance Inc. and others.

Somers Dublin Ltd. et al v. Monarch Pointe Fund Limited: Appeal Judgment

March 11, 2011

Judgment in Somers Dublin Ltd. A/C KBCS, Citco Global Custody NV-Ref. 209974/ARM, Fidulex Management Inc., and Daiwa Securities Trust & Banking v. Monarch Pointe Fund Limited at the British Virgin Islands Court of Appeal.