Bay Capital Investments Ltd (Appellant) v Harry Hassomal Mohinani (Respondent) (Mauritius)

Permission to Appeal application lodged

Case summary
Appeal
Previous proceedings

Case summary

Case ID

JCPC/2025/0030

Jurisdiction

Mauritius

Parties

Appellant(s)

Bay Capital Investments Ltd

Respondent(s)

Harry Mohinani

Issue

Did the Court of Appeal err by breaching the Appellant’s fair trial rights, in failing to provide sufficient reasons and consideration to the Appellant’s submissions?

Facts

This appeal relates to a failed investment in a Chinese restaurant in Mayfair: the Park Chinois Project. Bay Capital Investments set up a scheme to invest a significant sum into the Park Chinois Project, including a loan in an amount of GBP 21.7 million, and equity in a holding company for the scheme, the Park Chinois Mauritius. The Respondent, Mr. Mohinani, bought shares valued at GBP 1.5 million in Bay Capital Investments. Unfortunately, after severe delays and overrunning costs, the directors of Bay Capital Investments approved a restructuring of Park Chinois Mauritius. Mr. Mohinani alleges that this restructuring was ultimately a fraud, severely impacting Bay Capital Investments and its investors. Mr. Mohinani alleges this was a scheme to which the board of directors of Bay Capital Investments was complicit, and therefore has applied for a derivative action against the directors on behalf of the company. On 31 August 2023, the first instance court of Mauritius granted Mr. Mohinani leave to enter a derivative action, on the basis that a claim against the directors were likely to succeed. This decision was upheld by the Court of Civil Appeal. The Appellant now appeals before the Privy Council.