Skip to main content

Case details

Kwok Kin Kwok (Respondent) v Yao Juan (Appellant) (British Virgin Islands)

Case ID: JCPC 2020/0010

Jurisdiction: Court of Appeal of the Eastern Caribbean Supreme Court (British Virgin Islands)

Case summary

Issue

Whether the Court of Appeal was wrong to: (i) reverse the trial judge’s decision on the facts; (ii) set aside the trial judge’s appointment of a liquidator and order much more limited relief; (iii) refuse to admit fresh evidence.

Facts

This case is about the affairs of the second respondent, Crown Treasure, a BVI company. The appellant and the first respondent entered into an oral agreement for the development and operation of a luxury hotel in the People’s Republic of China. They each hold 50% of the shares in Crown Treasure, which is a holding company which indirectly owns and operates the hotel.

The appellant claimed that Crown Treasure’s business affairs were conducted by the first respondent in a manner that was and is oppressive, unfairly discriminatory and/or unfairly prejudicial to the appellant in her capacity as a shareholder of the company. The appellant sought relief, and the appointment of a liquidator of Crown Treasure.

The trial judge found that there was an agreement between the parties as alleged by the appellant and that it was just and equitable to appoint a liquidator of Crown Treasure. The respondents appealed. The Court of Appeal allowed the appeal in part concluding that, whilst the trial judge had been entitled to find that certain acts of unfair prejudice had been proven, he had been wrong to find that the first respondent had breached her agreement with the appellant in other respects. As such, the trial judge had been wrong to appoint joint liquidators and the Court of Appeal substituted more limited relief to govern the future conduct of Crown Treasure’s affairs.

The appellant now appeals to the Judicial Committee of the Privy Council.

Parties

Appellant(s)

Yao Juan

Respondent(s)

Kwok Kin Kwok

Appeal

Justices

Lord Briggs, Lord Kitchin, Lady Rose, Lord Richards, Dame Geraldine Andrews

Hearing start date

18 October 2022

Hearing finish date

18 October 2022