Case details

Emmerson International Corporation (Appellant) v Renova Holding Ltd (Respondent) (British Virgin Islands)

Case ID: JCPC 2019/0016

Jurisdiction: The Court of Appeal British Virgin Islands

Case summary

Issue(s)

Whether the asset disclosure order that accompanies a freezing order is an injunction for the purposes of leave to appeal under section 30(4) of the Eastern Caribbean Supreme Court (Virgin Islands) Act.

Facts

This appeal arises from a dispute between Emmerson and Renova Industries Limited and other parties. Emmerson obtained a freezing order over some of the assets of one of those other parties, Renova Holding Ltd, alongside the usual order for disclosure of information in relation to those assets. Wallbank J then varied the disclosure order so that, pending Renova Holding Ltd's application to discharge the freezing order, the information could only be disclosed to, and had to be retained by, Emmerson’s BVI lawyers. Emmerson appealed against this decision without seeking permission to appeal, on the basis that the disclosure order was an injunction and permission to appeal against an injunction is not required under the Act.

Parties

Appellant(s)

Emmerson International Corporation

Respondent(s)

Renova Holding Ltd

Appeal

Justices

Lord Reed, Lord Wilson, Lord Carnwath, Lady Black, Lord Sales

Hearing start date

01 May 2019

Hearing finish date

01 May 2019