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開始行:
<h6><strong><em>A recent decision of the BVI Commercial C...
<p> </p>
<p>On 19 August 2022, the BVI Commercial Court (Wallbank ...
<p> </p>
<p><strong>Background</strong></p>
<p><strong> </strong>In 2021, an alleged beneficial ...
<p>The two-staged approach was described by Mr Wang’s lea...
<p><strong> </strong></p>
<p><strong>The duty of full and frank disclosure</strong>...
<p>It is trite law that that any party applying to the Co...
<p>However, the Court did not accept the argument of Mr W...
<p>“<em>It is highly artificial and technical for a litig...
<p><strong> </strong></p>
<p><strong>Breach of duty at the <em>ex parte</em>&n...
<p>The Judge accepted that Mr Wang had failed to give ful...
<ol>
<li>Alternative remedies to the appointment of receivers...
<li>The alleged right of forced redemption; and</li>
<li>The overall context in which Mr Wang had engaged Flo...
</ol>
<p>Although the Court accepted that it had jurisdiction t...
<p>The Judge was persuaded that the real reason Mr Wang w...
<p>The Judge referred to the “artificiality” of the recei...
<p>“<em>the success of the scheme depended on Mr Wang ret...
<p>The Judge stated that it was unusual to think of recei...
<p><em>“In my respectful judgment, this was not so much o...
<p><strong> </strong></p>
<p><strong>Breach of duty at the <em>ex parte</em>&n...
<p>The <em>ex parte</em> PL hearing took less t...
<p>Mr Justice Wallbank stated that it was clear that proc...
<p>Mr Wang’s leading counsel had incorrectly represented ...
<p>The Judge rejected arguments that submissions concerni...
<p> </p>
<p><strong>Consequences of breaching the duty of full and...
<p>If the interests of justice warrant it, an order set a...
<p>Having found that there were breaches of the duty of f...
<p><strong><em>PL appointment</em></strong></p>
<p>In the case of the PL appointment hearing (which took ...
<p><strong><em>Receivership application</em></strong></p>
<p>The Judge found that the breaches of duty were also no...
<p><strong>Comment</strong></p>
<p>Practitioners and their clients should be mindful of t...
<p>The <em>ex parte</em> PL hearing lasted less...
<p>Importantly, when an <em>ex parte </em>appli...
<p><strong>Forbes Hare acted for the successful second re...
<p><strong>A copy of the judgment is available at </...
<p><strong>Mr Wang is seeking to appeal against this outc...
<p> </p>
<p>Contacts</p>
<p> </p>
<p>William Hare</p>
<p><em>william.hare@forbeshare.com</em></p>
<p>William is a litigation partner in Forbes Hare’s BVI o...
<p> </p>
<p>Sarah McLennan</p>
<p><em>sarah.mclennan@forbeshare.com</em></p>
<p>Sarah is a senior associate in Forbes Hare’s Cayman Is...
<p> https://forbeshare.com/case-notes-wang-v-ragof/ </p>
終了行:
<h6><strong><em>A recent decision of the BVI Commercial C...
<p> </p>
<p>On 19 August 2022, the BVI Commercial Court (Wallbank ...
<p> </p>
<p><strong>Background</strong></p>
<p><strong> </strong>In 2021, an alleged beneficial ...
<p>The two-staged approach was described by Mr Wang’s lea...
<p><strong> </strong></p>
<p><strong>The duty of full and frank disclosure</strong>...
<p>It is trite law that that any party applying to the Co...
<p>However, the Court did not accept the argument of Mr W...
<p>“<em>It is highly artificial and technical for a litig...
<p><strong> </strong></p>
<p><strong>Breach of duty at the <em>ex parte</em>&n...
<p>The Judge accepted that Mr Wang had failed to give ful...
<ol>
<li>Alternative remedies to the appointment of receivers...
<li>The alleged right of forced redemption; and</li>
<li>The overall context in which Mr Wang had engaged Flo...
</ol>
<p>Although the Court accepted that it had jurisdiction t...
<p>The Judge was persuaded that the real reason Mr Wang w...
<p>The Judge referred to the “artificiality” of the recei...
<p>“<em>the success of the scheme depended on Mr Wang ret...
<p>The Judge stated that it was unusual to think of recei...
<p><em>“In my respectful judgment, this was not so much o...
<p><strong> </strong></p>
<p><strong>Breach of duty at the <em>ex parte</em>&n...
<p>The <em>ex parte</em> PL hearing took less t...
<p>Mr Justice Wallbank stated that it was clear that proc...
<p>Mr Wang’s leading counsel had incorrectly represented ...
<p>The Judge rejected arguments that submissions concerni...
<p> </p>
<p><strong>Consequences of breaching the duty of full and...
<p>If the interests of justice warrant it, an order set a...
<p>Having found that there were breaches of the duty of f...
<p><strong><em>PL appointment</em></strong></p>
<p>In the case of the PL appointment hearing (which took ...
<p><strong><em>Receivership application</em></strong></p>
<p>The Judge found that the breaches of duty were also no...
<p><strong>Comment</strong></p>
<p>Practitioners and their clients should be mindful of t...
<p>The <em>ex parte</em> PL hearing lasted less...
<p>Importantly, when an <em>ex parte </em>appli...
<p><strong>Forbes Hare acted for the successful second re...
<p><strong>A copy of the judgment is available at </...
<p><strong>Mr Wang is seeking to appeal against this outc...
<p> </p>
<p>Contacts</p>
<p> </p>
<p>William Hare</p>
<p><em>william.hare@forbeshare.com</em></p>
<p>William is a litigation partner in Forbes Hare’s BVI o...
<p> </p>
<p>Sarah McLennan</p>
<p><em>sarah.mclennan@forbeshare.com</em></p>
<p>Sarah is a senior associate in Forbes Hare’s Cayman Is...
<p> https://forbeshare.com/case-notes-wang-v-ragof/ </p>
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