Geminis Investors Limited (Appellant) v Goods Technology Startling International Limited and another (Respondents) (Virgin Islands)

Permission to Appeal application lodged

Case summary
Permission to Appeal
Previous proceedings

Case summary

Case ID

JCPC/2026/0043

Jurisdiction

British Virgin Islands

Parties

Appellant(s)

Geminis Investors Limited

Respondent(s)

(1) Goods Technology Starting International Limited (2) G-Force International Co Ltd

Issue

(1) Should the Statutory Demand served on Geminis be set aside? (2) Was the trial judge correct to enter default judgment against Geminis?

Facts

The appellant, Geminis, is a company incorporated in the British Virgin Islands. The first respondent, Goods Technology, is a company incorporated in Samoa and the second respondent, G-Force, is a company incorporated in Anguilla. Between 31 December 2019 and 31 May 2020, Geminis issued nine Notes, eight to Goods Technology and one to G-Force. Six of the nine Notes issued to Goods Technology formed the subject of the Statutory Demand dated 23 December 2021. On 23 December 2021, Goods Technology served the Statutory Demand on Geminis claiming US$5,642,060.27. On 6 January 2022, Geminis filed and served an application seeking to set aside the Statutory Demand. On 18 January 2022, both Goods Technology and G-Force filed a claim seeking the payment of principal and interest due under all nine Notes. Geminis filed an acknowledgement of service but failed to file a Defence to the Claim in time. On 1 March 2022, Jack J dismissed Geminis’ application to set aside the Statutory Demand and authorised Goods Technology to make an application for the appointment of a liquidator in respect of Geminis (the “SD Judgment”). Also on 1 March 2022, Goods Technology and G-Force filed a request for default judgment. Later the same day, Geminis filed an application for an extension of time to file its Defence and for relief from sanctions. Geminis later filed its Defence on 25 April 2022. On 30 May 2022, Jack J dismissed Geminis’ application for an extension of time to file its defence and entered judgment in default against Geminis (the “DJ Order”). Geminis appealed both the SD judgment and the DJ Order to the Court of Appeal, which dismissed the appeals. Geminis now appeals to the Judicial Committee of the Privy Council.