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Kwok Kin Kwok (Respondent) v Yao Juan (Appellant) (British Virgin Islands)
Case summary
Case ID
JCPC/2020/0010
Jurisdiction
British Virgin Islands
Parties
Appellant(s)
Yao Juan
Respondent(s)
Kwok Kin Kwok
Issue
Whether the Court of Appeal was wrong to: (i) reverse the trial judge’s decision on the facts; (ii) set aside the trial judge’s appointment of a liquidator and order much more limited relief; (iii) refuse to admit fresh evidence.
Facts
This case is about the affairs of the second respondent, Crown Treasure, a BVI company. The appellant and the first respondent entered into an oral agreement for the development and operation of a luxury hotel in the People’s Republic of China. They each hold 50% of the shares in Crown Treasure, which is a holding company which indirectly owns and operates the hotel.The appellant claimed that Crown Treasure’s business affairs were conducted by the first respondent in a manner that was and is oppressive, unfairly discriminatory and/or unfairly prejudicial to the appellant in her capacity as a shareholder of the company. The appellant sought relief, and the appointment of a liquidator of Crown Treasure.The trial judge found that there was an agreement between the parties as alleged by the appellant and that it was just and equitable to appoint a liquidator of Crown Treasure. The respondents appealed. The Court of Appeal allowed the appeal in part concluding that, whilst the trial judge had been entitled to find that certain acts of unfair prejudice had been proven, he had been wrong to find that the first respondent had breached her agreement with the appellant in other respects. As such, the trial judge had been wrong to appoint joint liquidators and the Court of Appeal substituted more limited relief to govern the future conduct of Crown Treasure’s affairs.The appellant now appeals to the Judicial Committee of the Privy Council.
Date of issue
30 January 2020
Judgment details
Judgment date
15 December 2022
Neutral citation
[2022] UKPC 52
Judgment links
Appeal
Justices
Hearing dates
Start date
18 October 2022
End date
18 October 2022
Watch hearings
18 October 2022 - Morning session
18 October 2022 - Afternoon session
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Last updated 9 May 2024