We have provided support and assistance to a client, Queen’s Counsel and solicitors in the United Kingdom, British Virgin Islands (BVI) lawyers, as well as counsel in Hong Kong in respect of a final appeal before the Judicial Committee of the Privy Council on appeal from the BVI Court of Appeal under which our client has succeeded in overturning and setting aside the judgment and order of the BVI first instance commercial court in winding up a BVI company and appointment of liquidators. The case involves dispute between the shareholders (who have also litigated in numerous other cases around the world, including Hong Kong) concerning an enormous shipping business.

The appeal involves an in-depth examination and debate on the laws relating to just and equitable winding-up and the application of the principles and facts on various aspects including the definition and nature of deadlock, alleged quasi-partnership relationship, responsibility for the deadlock, relevance of post-commencement conduct, alternative remedies etc.

Our legal team for this case is led by our litigation partner Mr. Roy Leung (who has travelled to the BVI and London for the purpose of this case) and assisted by our litigation associates Mr. Sidney Ho, Ms. Jenny Wong, Mr. Mathew Liu and Ms. Theresa Law, and has achieved synergy with legal teams in Hong Kong, the BVI and the United Kingdom for maximizing the interest of our client.

While we practise Hong Kong law solely, our litigation department has established close professional network with lawyers and counsel in the United Kingdom and other offshore jurisdictions (including BVI, Cayman Islands, Bermuda, etc.) and abundant experience in providing full-range supports to client in shareholders’ disputes, board room disputes, winding-up proceedings, liquidation process and other disputes involving companies incorporated in those offshore jurisdictions.