On 17 September 2012, the Court of Appeal took the opportunity to reassert the well-established principles in the test to be applied for striking out, and the breadth of power under case management powers in the discretion of the trial Judge. The Appellant based a claim on breach of contract, tort for unlawful conspiracy and unfair prejudice under S.184(i) of the BVI Business Companies Act, 2004. Having found no arguable case for breach of a shareholders agreement on construction of that agreement, nor any argument justifying a finding of implied terms the trial Judge proceeded to strike out the majority of the statement of claim. In doing so the trial Judge resisted the submission that despite there being some agreement that the facts pleaded in aid of the breach overlapped with relevant facts in support of the unfair prejudice claim, those facts would have to be re-pleaded in support of the only surviving cause of action for unfair prejudice.
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Tawney Assets Limited -v- East Pine Management Limited et al HCVAP 2012/07217