Chu (Respondent) v Lau (Appellant) (British Virgin Islands)
Case ID: JCPC 2020/0021
Jurisdiction: The Court of Appeal of the British Virgin Islands
- Whether the Court of Appeal of the Eastern Caribbean Supreme Court (CA) erred in overturning the first-instance judge’s finding of fact that Ocean Sino Ltd (OSL) was deadlocked and in making the consequent order that it be wound up on the just and equitable ground; and
- Whether the CA erred in ordering that Mr Lau pay certain of Mr Chu’s costs of first instance and on appeal.
Mr Lau and Mr Chu are equal shareholders and the sole directors of OSL, a holding company for two other corporate entities relevant to this case. The first, a wholly-owned subsidiary of OSL, loaned moneys to the second, but Mr Lau sought return of the moneys when the second company did not use them for the purpose intended. Mr Chu did not agree that the moneys should be returned. Over time, the relationship between the two deteriorated and eventually Mr Lau sought that OSL be wound up on the just and equitable ground. Mr Chu resisted the petition.
Lau Wing Yan
Lord Hodge, Lord Briggs, Lady Arden, Lord Leggatt, Lord Burrows
Hearing start date
29 Jul 2020
Hearing finish date
30 Jul 2020