Case details

Convoy Collateral Ltd (Appellant) v Cho Kwai Chee (also known as Cho Kwai Chee Roy) (Respondent) (British Virgin Islands)

Case ID: JCPC 2020/0043

Jurisdiction: Court of Appeal British Virgin Islands

Case summary

Issue

(a) Can the BVI courts grant a freezing order in support of foreign proceedings?
(b) Can the BVI courts grant permission to an applicant to serve an application for a freestanding freezing order out of the jurisdiction under r 7.3(2)(b) of the Civil Procedure Rules of the Eastern Caribbean Supreme Court?
(c) Are judgments of the Privy Council on appeal from another jurisdiction binding on the BVI Courts or merely persuasive?

Facts

Convoy Collateral Ltd is pursuing its former director Dr Roy Cho in Hong Kong claiming $HK714m in damages for (broadly speaking) making inappropriate investments in various listed companies. In February 2018 Convoy obtained a freezing order in respect of Dr Cho’s assets in the BVI. The order was discharged in April 2019 and that decision was upheld by the Court of Appeal in March 2020.

Parties

Appellant(s)

Convoy Collateral Ltd

Respondent(s)

Cho Kwai Chee (also known as Cho Kwai Chee Roy)

Appeal

Justices

Lord Reed, Lord Hodge, Lord Briggs, Lord Kitchin, Lord Hamblen, Lord Leggatt, Sir Geoffrey Vos

Hearing start date

16 Feb 2021

Hearing finish date

16 Feb 2021

Watch hearing
16 Feb 2021 Morning session Afternoon session
17 Feb 2021 Morning session Afternoon session