We worked closely with and provided support to Queen’s Counsel and lawyers in the British Virgin Islands (BVI) in successfully setting aside an ex parte Examination Order made by the Court of BVI after a full-day video hearing.

This case involves multiple levels of legal debate, including whether a Hong Kong resident who has no BVI presence can be treated as having submitted to BVI jurisdiction merely by having appointed legal representatives and litigating in BVI; whether sections 284 and 285 of the BVI Insolvency Act governing private examination by liquidators should be construed to carry extra-territorial effect; and whether liquidators in BVI should be allowed to examine individuals on the affairs of a foreign liquidated company in which the company wound up in BVI only has indirect minority interests, etc.. We also facilitated Counsel to put forward serious factual submissions to establish complaints of oppression and material non-disclosure on the part of the liquidators, to the extent that the Court of BVI took the view that the ex parte Examination Order should not have been sought by the liquidators in the first place and was satisfied that the ex parte Examination Order must be set aside.

This case is led by our Litigation Partner Mr. Roy Leung, assisted by Litigation Partner Mr. Sidney Ho and Litigation Associate Mr. Mathew Liu. While we practise Hong Kong law solely, we have prolific experience in the areas of cross-jurisdiction insolvency disputes and liquidation process, and collaborate to streamline and align views and contributions from learned advocates across jurisdictions in serving clients’ needs and interests round the clock.