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China NTG Investments Limited -v- Great River Corporation Ltd et al Claim No. BVIHC (Com) 63 of 2012

November 2012 Procedure

BRITISH VIRGIN ISLANDS

HIGH COURT (COMMERCIAL DIVISION)

RULE 24 – SECURITY FOR COSTS – EASTERN CARIBBEAN SUPREME COURT CIVIL PROCEDURE RULES, 2000

The first to sixth Defendants (the “Applicants”) applied pursuant to Rule 24 of the BVI Civil Procedure Rules for an order requiring the Claimant to give security for their costs of the proceedings. The Respondents alleged, inter alia, that the Claimant, although incorporated in the BVI, was ordinarily resident out of the jurisdiction. The Respondents sought to rely on the English case Re Little Olympian Each Ways Ltd [1995] 1 WLR 560 (a tax case) where the Court held that the test to determine whether a corporation was ordinarily resident out of the jurisdiction of the English Court was where central management and control abides.

 

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China NTG Investments Limited -v- Great River Corporation Ltd et al Claim No. BVIHC (Com) 63 of 2012

 

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