Mobile Menu
Offshore Cases

Angel Wise -v- Stark Moly Limited

February 2012 Insolvency Winding Up Liquidation

BRITISH VIRGIN ISLANDS

COURT OF APPEAL

COMPANIES - INSOLVENCY - STATUTORY DEMAND - DISPUTED DEBT - EVIDENCE

The Appellant company sought to appeal the decision to appoint liquidators over it following the Appellant’s failure to set aside a statutory demand served on it. The grounds of appeal included an allegation that the Learned Judge misdirected himself by substituting his own opinion for that of the expert relied on by the Appellant in the court below. Applying the dicta in Eng Mee Yong & ors -v- Letchumanan [1980] A.C. 331, the Court held that although, in the normal way, it is not appropriate for a judge to attempt to resolve conflicts of evidence on affidavit, this does not mean that the judge is bound to accept uncritically every affidavit statement however equivocal and lacking in precision it may be as raising a dispute of fact which calls for further investigation. In order to determine whether a dispute was substantial, the Court had to carry out a preliminary assessment of the facts on which the injustice was raised. It was for the Judge to determine, in the first instance, whether statements contained in affidavits that are relied on as raising a conflict of evidence on a relevant fact, have sufficient prima facie plausibility to merit further investigations as to their truth. The Appeal was dismissed.

 

To continue reading full articles in PDF format:
Angel Wise -v- Stark Moly Limited

 

Accolades
_

"Few firms can come close to Conyers on one critical metric, and this is the breadth of the client base."
- IFLR1000

EDITOR & HEAD OF LITIGATION BERMUDA

Christian R. Luthi
Tel: +1 441 298 7814
Email: christian.luthi@conyersdill.com


Head of Litigation British virgin islands

Mark J. Forte
Tel: +1 284 852 1113
Email: mark.forte@conyersdill.com


Head of Litigation Cayman Islands

Paul Smith
Tel: +1 345 814 7777
Email: paul.smith@conyersdill.com


HEAD OF THE ASIA DISPUTES & RESTRUCTURING GROUP

Nigel K. Meeson, QC
Tel: +852 2842 9553
Email: nigel.meeson@conyersdill.com

Offshore Cases

Angel Wise -v- Stark Moly Limited

01 February 2012

BRITISH VIRGIN ISLANDS

COURT OF APPEAL

COMPANIES - INSOLVENCY - STATUTORY DEMAND - DISPUTED DEBT - EVIDENCE

The Appellant company sought to appeal the decision to appoint liquidators over it following the Appellant’s failure to set aside a statutory demand served on it. The grounds of appeal included an allegation that the Learned Judge misdirected himself by substituting his own opinion for that of the expert relied on by the Appellant in the court below. Applying the dicta in Eng Mee Yong & ors -v- Letchumanan [1980] A.C. 331, the Court held that although, in the normal way, it is not appropriate for a judge to attempt to resolve conflicts of evidence on affidavit, this does not mean that the judge is bound to accept uncritically every affidavit statement however equivocal and lacking in precision it may be as raising a dispute of fact which calls for further investigation. In order to determine whether a dispute was substantial, the Court had to carry out a preliminary assessment of the facts on which the injustice was raised. It was for the Judge to determine, in the first instance, whether statements contained in affidavits that are relied on as raising a conflict of evidence on a relevant fact, have sufficient prima facie plausibility to merit further investigations as to their truth. The Appeal was dismissed.

 

To continue reading full articles in PDF format:
Angel Wise -v- Stark Moly Limited

 

 

EDITOR & HEAD OF LITIGATION BERMUDA

Christian R. Luthi
Tel.: +1 441 298 7814
Email.: christian.luthi@conyersdill.com


Head of Litigation British virgin islands

Mark J. Forte
Tel.: +1 284 852 1113
Email.: mark.forte@conyersdill.com


Head of Litigation Cayman Islands

Paul Smith
Tel.: +1 345 814 7777
Email.: paul.smith@conyersdill.com


HEAD OF THE ASIA DISPUTES & RESTRUCTURING GROUP

Nigel K. Meeson, Q.C.
Tel.: +852 2842 9553
Email.: nigel.meeson@conyersdill.com