Chu (Respondent) v Lau (Appellant) (British Virgin Islands)

Case summary

Case ID

JCPC/2020/0021

Jurisdiction

British Virgin Islands

Parties

Appellant(s)

Lau Wing Yan

Respondent(s)

Chu Kong

Issue

Whether the Court of Appeal of the Eastern Caribbean Supreme Court (CA) erred in overturning the first-instance judge’s finding of fact that Ocean Sino Ltd (OSL) was deadlocked and in making the consequent order that it be wound up on the just and equitable ground; and Whether the CA erred in ordering that Mr Lau pay certain of Mr Chu’s costs of first instance and on appeal.

Facts

Mr Lau and Mr Chu are equal shareholders and the sole directors of OSL, a holding company for two other corporate entities relevant to this case. The first, a wholly-owned subsidiary of OSL, loaned moneys to the second, but Mr Lau sought return of the moneys when the second company did not use them for the purpose intended. Mr Chu did not agree that the moneys should be returned. Over time, the relationship between the two deteriorated and eventually Mr Lau sought that OSL be wound up on the just and equitable ground. Mr Chu resisted the petition.

Date of issue

23 March 2020

Judgment details

Judgment date

12 October 2020

Neutral citation

[2020] UKPC 24

Judgment links

Appeal

Justices

Lord Hodge

Lord Briggs

Lady Arden

Lord Leggatt

Lord Burrows

Hearing dates

Full hearing

Start date

29 July 2020

End date

30 July 2020

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