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Offshore Cases

Nigel Gray -v- Allan Leddra and Pro-flex Packaging Co Limited

April 2012 Companies Unfair Prejudice

BRITISH VIRGIN ISLANDS

HIGH COURT

COMPANIES - UNFAIR PREJUDICE - BVI BUSINESS COMPANIES ACT S. 841 - STRIKE OUT - NO UNFAIR PREJUDICE WHERE DERIVATIVE ACTION LIES

Here the Applicant, Allan Leddra, applied to strike out the Claimant’s unfair prejudice Claim under Section 1841 of the BVI Business Companies Act (the “Act”) on the basis that the claim as pleaded included claims in respect of a wrong actionable at the suit of the Company which amounted to an unauthorized derivative claim. The Applicant relied on the case of Re Chime Corp Ltd (2004) 7 HKCFAR where Lord Scott held that while the Courts of Hong Kong had jurisdiction in the strict sense to entertain within the confines of an unfair prejudice application a claim for relief in respect of a wrong actionable at the suit of the company in question such a claim would ordinarily not be allowed to be advanced unless the claim for recovery corresponded precisely with the company’s claim and it was clear from the pleading that that quantification of the value of the claim could be made conveniently at trial.

 

To continue reading full articles in PDF format:
Nigel Gray -v- Allan Leddra and Pro-flex Packaging Co Limited

 

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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

Nigel Gray -v- Allan Leddra and Pro-flex Packaging Co Limited

01 April 2012

BRITISH VIRGIN ISLANDS

HIGH COURT

COMPANIES - UNFAIR PREJUDICE - BVI BUSINESS COMPANIES ACT S. 841 - STRIKE OUT - NO UNFAIR PREJUDICE WHERE DERIVATIVE ACTION LIES

Here the Applicant, Allan Leddra, applied to strike out the Claimant’s unfair prejudice Claim under Section 1841 of the BVI Business Companies Act (the “Act”) on the basis that the claim as pleaded included claims in respect of a wrong actionable at the suit of the Company which amounted to an unauthorized derivative claim. The Applicant relied on the case of Re Chime Corp Ltd (2004) 7 HKCFAR where Lord Scott held that while the Courts of Hong Kong had jurisdiction in the strict sense to entertain within the confines of an unfair prejudice application a claim for relief in respect of a wrong actionable at the suit of the company in question such a claim would ordinarily not be allowed to be advanced unless the claim for recovery corresponded precisely with the company’s claim and it was clear from the pleading that that quantification of the value of the claim could be made conveniently at trial.

 

To continue reading full articles in PDF format:
Nigel Gray -v- Allan Leddra and Pro-flex Packaging Co 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