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Tsoi Tin -v- Tan Haihong and Yu Heng International Investments Corporation Claim No. BVIHCMAP 2013/0023

February 2014 Injunctions

BRITISH VIRGIN ISLANDS

COURT OF APPEAL

INJUNCTION - WHETHER PERSON WHO IS NOT JOINED OR MADE PARTY TO PROCEEDINGS CAN HAVE LOCUS STANDI TO APPEAL - INTERPRETATION OF CPR 7.3(5)(B) - BLACK SWAN JURISDICTION - BASIS UPON WHICH AN APPELLATE COURT WOULD DISTURB THE EXERCISE OF THE TRIAL JUDGE’S DISCRETION - CIVIL PROCEDURE RULES 62.1(2) AND 2.4

This case concerned an interlocutory appeal brought by Tsoi Tin (“Mr. T”) against the decision of the trial judge, Mr. Justice Bannister, to continue a freezing injunction against the respondent (the “Company”).

Mr. T and Tan Haihong (“Mrs. H”) are husband and wife engaged in a matrimonial dispute in the People’s Republic of China. Mrs. H alleged that the Company shares represented approximately 50% of the value of the total matrimonial assets (of which she was entitled to half). Mrs. H caused a stop notice to be issued in respect of the shares and obtained an injunction to restrain the transfer of the shares. Mr. T appealed the Order.

 

To continue reading full articles in PDF format:
Tsoi Tin -v- Tan Haihong and Yu Heng International Investments Corporation Claim No. BVIHCMAP 2013/0023

 

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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

Tsoi Tin -v- Tan Haihong and Yu Heng International Investments Corporation Claim No. BVIHCMAP 2013/0023

18 February 2014

BRITISH VIRGIN ISLANDS

COURT OF APPEAL

INJUNCTION - WHETHER PERSON WHO IS NOT JOINED OR MADE PARTY TO PROCEEDINGS CAN HAVE LOCUS STANDI TO APPEAL - INTERPRETATION OF CPR 7.3(5)(B) - BLACK SWAN JURISDICTION - BASIS UPON WHICH AN APPELLATE COURT WOULD DISTURB THE EXERCISE OF THE TRIAL JUDGE’S DISCRETION - CIVIL PROCEDURE RULES 62.1(2) AND 2.4

This case concerned an interlocutory appeal brought by Tsoi Tin (“Mr. T”) against the decision of the trial judge, Mr. Justice Bannister, to continue a freezing injunction against the respondent (the “Company”).

Mr. T and Tan Haihong (“Mrs. H”) are husband and wife engaged in a matrimonial dispute in the People’s Republic of China. Mrs. H alleged that the Company shares represented approximately 50% of the value of the total matrimonial assets (of which she was entitled to half). Mrs. H caused a stop notice to be issued in respect of the shares and obtained an injunction to restrain the transfer of the shares. Mr. T appealed the Order.

 

To continue reading full articles in PDF format:
Tsoi Tin -v- Tan Haihong and Yu Heng International Investments Corporation Claim No. BVIHCMAP 2013/0023

 

 

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