143,540 judgment pages 132,515 public-register pages 276,055 total pages

Robert Tchenguiz v Mark McDonald et al

2018-09-11 · TVI · Claim No. BVIHCMAP2018/0021-0038
Metadata
Collection
Court of Appeal
Country
TVI
Case number
Claim No. BVIHCMAP2018/0021-0038
Judge
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Upstream post
50550
AKN IRI
/akn/ecsc/vg/coa/2018/judgment/bvihcmap2018-0021-0038/post-50550
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IN THE EASTERN CARIBBEAN SUPREME COURT IN THE COURT OF APPEAL TERRITORY OF THE VIRGIN ISLANDS BVIHCMAP2018/0021-0038 IN THE MATTERS OF ELIZA LIMITED (IN LIQUIDATION) GLENALLA PROPERTIES LIMITED (IN LIQUIDATION), ROXINDA LIMITED (IN LIQUIDATION), THORSON INVESTMENTS LIMITED (IN LIQUIDATION), VIOLET CAPITAL GROUP LIMITED (IN LIQUIDATION), OSCATELLO INVESTMENTS LIMITED (IN LIQUIDATION), ALZAMA PROPERTIES LIMITED (IN LIQUIDATION), BRIGETTA INVESTMENTS LIMITED (IN LIQUIDATION), TAZAMIA LIMITED (IN LIQUIDATION), SEACOURT LIMITED (IN LIQUIDATION), SAFINA LIMITED (IN LIQUIDATION) AND IN THE MATTER OF RULE 3.14(1)(d) OF THE CIVIL PROCEDURE RULES OF THE EASTERN CARIBBEAN SUPREME COURT 2000, (AS AMENDED) BETWEEN: ROBERT TCHENGUIZ Applicant/Respondent and [1] MARK MCDONALD (in his capacity as Joint Liquidator) [2] STEPHEN JOHN AKERS (in his capacity as Joint Liquidator) [3] ELIZA LIMITED (IN LIQUIDATION) [4] GLENALLA PROPERTIES LIMITED (IN LIQUIDATION) [5] ROXINDA LIMITED (IN LIQUIDATION) [6] THORSON INVESTMENTS LIMITED (IN LIQUIDATION) [7] VIOLET CAPITAL GROUP LIMITED (IN LIQUIDATION) [8] OSCATELLO INVESTMENTS LIMITED (IN LIQUIDATION) [9] ALZAMA PROPERTIES LIMITED (IN LIQUIDATION) [10] BRIGETTA INVESTMENTS LIMITED (IN LIQUIDATION) [11] TAZAMIA LIMITED (IN LIQUIDATION) [12] SEACOURT LIMITED (IN LIQUIDATION) [13] SAFINA LIMITED (IN LIQUIDATION) [14] VINCENT AZIZ TCHENGUIZ [15] RAWLINSON & HUNTER TRUSTEES S.A (in its capacity as Trustee of the Tchenguiz Family Trust) [16] WILLIAM PROCTER [17] BPAR LIMITED [18] EURO INVESTMENTS OVERSEAS INC [19] ALTRACIA LIMITED [20] BALVINO LIMITED [21] BEAUCETTE INTERNATIONAL LIMITED [22] BRIGADIER HOLDINGS LIMITED [23] CHARLENA ENTERPRISES LIMITED [24] CLEOBURY LIMITED [25] DEGANO LIMITED [26] FRANKELLA LIMITED [27] GOLDEN MIST LIMITED [28] GOLDWAY SERVICES LIMITED [29] KALIO LIMITED [30] OMATOLA INVESTMENTS LIMITED [31] PIRATINE LIMITED [32] PRAKARA LIMITED [33] VALLEYMIST INVESTMENTS LIMITED Respondents/Appellants Before: The Hon. Mde. Louise Esther Blenman Justice of Appeal The Hon. Mr. Anthony Gonzalves, QC Justice of Appeal [Ag.] The Hon. Mr. Eamon H. Courtenay, SC Justice of Appeal [Ag.] Appearances: Mr. Richard Wilson, QC, with him, Mr. Mo Haque, QC for appellants Mr. Terence Mowschenson, QC, with him, Mr. Stuart Cullen for the respondent Mr. Ben Mays for the Liquidators __________________________________ 2018: July 12; September 11. __________________________________ JUDGMENT

[1]COURTENAY JA [AG.]: The Court has been informed that its decision in this appeal is relevant to litigation on foot in London which is set for trial in October 2018. The Bench has been requested to deliver its judgment soonest, with reasons to follow. We do so now.

ORDER

[2]The Court makes the following order: 1. The appeal is dismissed. 2. The Respondent is entitled, pursuant to CPR 3.14(a), to inspect and take copies of the Originating Application and affidavits of Mr. Vincent Tchenguiz dated 6th April 2017 and Mr. Rodney Hodges dated 13th April 2017 and the exhibits thereto and any draft orders filed therewith.

3.Full reasons for dismissing the appeal will be made available shortly.

4.The Respondent is to have his costs. . I concur. Louise Esther Blenman Justice of Appeal I concur.

Anthony Gonzalves, QC

Justice of Appeal [Ag.]

By the Court

Chief Registrar

IN THE EASTERN CARIBBEAN SUPREME COURT IN THE COURT OF APPEAL TERRITORY OF THE VIRGIN ISLANDS BVIHCMAP2018/0021-0038 IN THE MATTERS OF ELIZA LIMITED (IN LIQUIDATION) GLENALLA PROPERTIES LIMITED (IN LIQUIDATION), ROXINDA LIMITED (IN LIQUIDATION), THORSON INVESTMENTS LIMITED (IN LIQUIDATION), VIOLET CAPITAL GROUP LIMITED (IN LIQUIDATION), OSCATELLO INVESTMENTS LIMITED (IN LIQUIDATION), ALZAMA PROPERTIES LIMITED (IN LIQUIDATION), BRIGETTA INVESTMENTS LIMITED (IN LIQUIDATION), TAZAMIA LIMITED (IN LIQUIDATION), SEACOURT LIMITED (IN LIQUIDATION), SAFINA LIMITED (IN LIQUIDATION) AND IN THE MATTER OF RULE 3.14(1)(d) OF THE CIVIL PROCEDURE RULES OF THE EASTERN CARIBBEAN SUPREME COURT 2000, (AS AMENDED) BETWEEN: ROBERT TCHENGUIZ Applicant/Respondent and

[1]MARK MCDONALD (in his capacity as Joint Liquidator)

[2]STEPHEN JOHN AKERS (in his capacity as Joint Liquidator)

[3]ELIZA LIMITED (IN LIQUIDATION)

[4]GLENALLA PROPERTIES LIMITED (IN LIQUIDATION)

[5]ROXINDA LIMITED (IN LIQUIDATION)

[6]THORSON INVESTMENTS LIMITED (IN LIQUIDATION)

[7]VIOLET CAPITAL GROUP LIMITED (IN LIQUIDATION)

[8]OSCATELLO INVESTMENTS LIMITED (IN LIQUIDATION)

[9]ALZAMA PROPERTIES LIMITED (IN LIQUIDATION)

[10]BRIGETTA INVESTMENTS LIMITED (IN LIQUIDATION)

[11]TAZAMIA LIMITED (IN LIQUIDATION)

[12]SEACOURT LIMITED (IN LIQUIDATION)

[13]SAFINA LIMITED (IN LIQUIDATION)

[14]VINCENT AZIZ TCHENGUIZ

[15]RAWLINSON & HUNTER TRUSTEES S.A (in its capacity as Trustee of the Tchenguiz Family Trust)

[16]WILLIAM PROCTER

[17]BPAR LIMITED

[18]EURO INVESTMENTS OVERSEAS INC

[19]ALTRACIA LIMITED

[20]BALVINO LIMITED

[21]BEAUCETTE INTERNATIONAL LIMITED

[22]BRIGADIER HOLDINGS LIMITED

[23]CHARLENA ENTERPRISES LIMITED

[24]CLEOBURY LIMITED

[25]DEGANO LIMITED

[26]FRANKELLA LIMITED

[27]GOLDEN MIST LIMITED

[28]GOLDWAY SERVICES LIMITED

[29]KALIO LIMITED

[30]OMATOLA INVESTMENTS LIMITED

[31]PIRATINE LIMITED

[32]PRAKARA LIMITED

[33]VALLEYMIST INVESTMENTS LIMITED Respondents/Appellants Before: The Hon. Mde. Louise Esther Blenman Justice of Appeal The Hon. Mr. Anthony Gonzalves, QC Justice of Appeal [Ag.] The Hon. Mr. Eamon H. Courtenay, SC Justice of Appeal [Ag.] Appearances: Mr. Richard Wilson, QC, with him, Mr. Mo Haque, QC for appellants Mr. Terence Mowschenson, QC, with him, Mr. Stuart Cullen for the respondent Mr. Ben Mays for the Liquidators __________________________________ 2018: July 12; September 11. __________________________________ JUDGMENT

[1]COURTENAY JA [AG.]: The Court has been informed that its decision in this appeal is relevant to litigation on foot in London which is set for trial in October 2018. The Bench has been requested to deliver its judgment soonest, with reasons to follow. We do so now. ORDER

[2]The Court makes the following order:

1.The appeal is dismissed.

2.The Respondent is entitled, pursuant to CPR 3.14(a), to inspect and take copies of the Originating Application and affidavits of Mr. Vincent Tchenguiz dated 6 th April 2017 and Mr. Rodney Hodges dated 13 th April 2017 and the exhibits thereto and any draft orders filed therewith.

3.Full reasons for dismissing the appeal will be made available shortly.

4.The Respondent is to have his costs. . I concur. Louise Esther Blenman Justice of Appeal I concur. Anthony Gonzalves, QC Justice of Appeal [Ag.] By the Court Chief Registrar < p style=”text-align: right;”>

PDF extraction

IN THE EASTERN CARIBBEAN SUPREME COURT IN THE COURT OF APPEAL TERRITORY OF THE VIRGIN ISLANDS BVIHCMAP2018/0021-0038 IN THE MATTERS OF ELIZA LIMITED (IN LIQUIDATION) GLENALLA PROPERTIES LIMITED (IN LIQUIDATION), ROXINDA LIMITED (IN LIQUIDATION), THORSON INVESTMENTS LIMITED (IN LIQUIDATION), VIOLET CAPITAL GROUP LIMITED (IN LIQUIDATION), OSCATELLO INVESTMENTS LIMITED (IN LIQUIDATION), ALZAMA PROPERTIES LIMITED (IN LIQUIDATION), BRIGETTA INVESTMENTS LIMITED (IN LIQUIDATION), TAZAMIA LIMITED (IN LIQUIDATION), SEACOURT LIMITED (IN LIQUIDATION), SAFINA LIMITED (IN LIQUIDATION) AND IN THE MATTER OF RULE 3.14(1)(d) OF THE CIVIL PROCEDURE RULES OF THE EASTERN CARIBBEAN SUPREME COURT 2000, (AS AMENDED) BETWEEN: ROBERT TCHENGUIZ Applicant/Respondent and [1] MARK MCDONALD (in his capacity as Joint Liquidator) [2] STEPHEN JOHN AKERS (in his capacity as Joint Liquidator) [3] ELIZA LIMITED (IN LIQUIDATION) [4] GLENALLA PROPERTIES LIMITED (IN LIQUIDATION) [5] ROXINDA LIMITED (IN LIQUIDATION) [6] THORSON INVESTMENTS LIMITED (IN LIQUIDATION) [7] VIOLET CAPITAL GROUP LIMITED (IN LIQUIDATION) [8] OSCATELLO INVESTMENTS LIMITED (IN LIQUIDATION) [9] ALZAMA PROPERTIES LIMITED (IN LIQUIDATION) [10] BRIGETTA INVESTMENTS LIMITED (IN LIQUIDATION) [11] TAZAMIA LIMITED (IN LIQUIDATION) [12] SEACOURT LIMITED (IN LIQUIDATION) [13] SAFINA LIMITED (IN LIQUIDATION) [14] VINCENT AZIZ TCHENGUIZ [15] RAWLINSON & HUNTER TRUSTEES S.A (in its capacity as Trustee of the Tchenguiz Family Trust) [16] WILLIAM PROCTER [17] BPAR LIMITED [18] EURO INVESTMENTS OVERSEAS INC [19] ALTRACIA LIMITED [20] BALVINO LIMITED [21] BEAUCETTE INTERNATIONAL LIMITED [22] BRIGADIER HOLDINGS LIMITED [23] CHARLENA ENTERPRISES LIMITED [24] CLEOBURY LIMITED [25] DEGANO LIMITED [26] FRANKELLA LIMITED [27] GOLDEN MIST LIMITED [28] GOLDWAY SERVICES LIMITED [29] KALIO LIMITED [30] OMATOLA INVESTMENTS LIMITED [31] PIRATINE LIMITED [32] PRAKARA LIMITED [33] VALLEYMIST INVESTMENTS LIMITED Respondents/Appellants Before: The Hon. Mde. Louise Esther Blenman Justice of Appeal The Hon. Mr. Anthony Gonzalves, QC Justice of Appeal [Ag.] The Hon. Mr. Eamon H. Courtenay, SC Justice of Appeal [Ag.] Appearances: Mr. Richard Wilson, QC, with him, Mr. Mo Haque, QC for appellants Mr. Terence Mowschenson, QC, with him, Mr. Stuart Cullen for the respondent Mr. Ben Mays for the Liquidators __________________________________ 2018: July 12; September 11. __________________________________ JUDGMENT

[1]COURTENAY JA [AG.]: The Court has been informed that its decision in this appeal is relevant to litigation on foot in London which is set for trial in October 2018. The Bench has been requested to deliver its judgment soonest, with reasons to follow. We do so now.

ORDER

[2]The Court makes the following order: 1. The appeal is dismissed. 2. The Respondent is entitled, pursuant to CPR 3.14(a), to inspect and take copies of the Originating Application and affidavits of Mr. Vincent Tchenguiz dated 6th April 2017 and Mr. Rodney Hodges dated 13th April 2017 and the exhibits thereto and any draft orders filed therewith.

3.Full reasons for dismissing the appeal will be made available shortly.

4.The Respondent is to have his costs. . I concur. Louise Esther Blenman Justice of Appeal I concur.

Anthony Gonzalves, QC

Justice of Appeal [Ag.]

By the Court

Chief Registrar

WordPress

IN THE EASTERN CARIBBEAN SUPREME COURT IN THE COURT OF APPEAL TERRITORY OF THE VIRGIN ISLANDS BVIHCMAP2018/0021-0038 IN THE MATTERS OF ELIZA LIMITED (IN LIQUIDATION) GLENALLA PROPERTIES LIMITED (IN LIQUIDATION), ROXINDA LIMITED (IN LIQUIDATION), THORSON INVESTMENTS LIMITED (IN LIQUIDATION), VIOLET CAPITAL GROUP LIMITED (IN LIQUIDATION), OSCATELLO INVESTMENTS LIMITED (IN LIQUIDATION), ALZAMA PROPERTIES LIMITED (IN LIQUIDATION), BRIGETTA INVESTMENTS LIMITED (IN LIQUIDATION), TAZAMIA LIMITED (IN LIQUIDATION), SEACOURT LIMITED (IN LIQUIDATION), SAFINA LIMITED (IN LIQUIDATION) AND IN THE MATTER OF RULE 3.14(1)(d) OF THE CIVIL PROCEDURE RULES OF THE EASTERN CARIBBEAN SUPREME COURT 2000, (AS AMENDED) BETWEEN: ROBERT TCHENGUIZ Applicant/Respondent and

[1]MARK MCDONALD in his capacity as Joint Liquidator)

[2]STEPHEN JOHN AKERS (in his capacity as Joint Liquidator)

3.Full reasons for dismissing the appeal will be made available shortly.

4.The Respondent is to have his costs. . I concur. Louise Esther Blenman Justice of Appeal I concur. Anthony Gonzalves, QC Justice of Appeal [Ag.] By the Court Chief Registrar < p style=”text-align: right;”>

[6]THORSON INVESTMENTS LIMITED (IN LIQUIDATION)

[7]VIOLET CAPITAL GROUP LIMITED (IN LIQUIDATION)

[8]OSCATELLO INVESTMENTS LIMITED (IN LIQUIDATION)

[9]ALZAMA PROPERTIES LIMITED (IN LIQUIDATION)

[3]ELIZA LIMITED (IN LIQUIDATION)

[4]GLENALLA PROPERTIES LIMITED (IN LIQUIDATION)

[5]ROXINDA LIMITED (IN LIQUIDATION)

[10]BRIGETTA INVESTMENTS LIMITED (IN LIQUIDATION)

[11]TAZAMIA LIMITED (IN LIQUIDATION)

[12]SEACOURT LIMITED (IN LIQUIDATION)

[13]SAFINA LIMITED (IN LIQUIDATION)

[14]VINCENT AZIZ TCHENGUIZ

[15]RAWLINSON & HUNTER TRUSTEES S.A (in its capacity as Trustee of the Tchenguiz Family Trust)

[16]WILLIAM PROCTER

[17]BPAR LIMITED

[18]EURO INVESTMENTS OVERSEAS INC

[19]ALTRACIA LIMITED

[20]BALVINO LIMITED

[21]BEAUCETTE INTERNATIONAL LIMITED

[22]BRIGADIER HOLDINGS LIMITED

[23]CHARLENA ENTERPRISES LIMITED

[24]CLEOBURY LIMITED

[25]DEGANO LIMITED

[26]FRANKELLA LIMITED

[27]GOLDEN MIST LIMITED

[28]GOLDWAY SERVICES LIMITED

[29]KALIO LIMITED

[30]OMATOLA INVESTMENTS LIMITED

[31]PIRATINE LIMITED

[32]PRAKARA LIMITED

[33]VALLEYMIST INVESTMENTS LIMITED Respondents/Appellants Before: The Hon. Mde. Louise Esther Blenman Justice of Appeal The Hon. Mr. Anthony Gonzalves, QC Justice of Appeal [Ag.] The Hon. Mr. Eamon H. Courtenay, SC Justice of Appeal [Ag.] Appearances: Mr. Richard Wilson, QC, with him, Mr. Mo Haque, QC for appellants Mr. Terence Mowschenson, QC, with him, Mr. Stuart Cullen for the respondent Mr. Ben Mays for the Liquidators __________________________________ 2018: July 12; September 11. __________________________________ JUDGMENT

[1]COURTENAY JA [AG.]: The Court has been informed that its decision in this appeal is relevant to litigation on foot in London which is set for trial in October 2018. The Bench has been requested to deliver its judgment soonest, with reasons to follow. We do so now. ORDER

[2]The Court makes the following order:

1.The appeal is dismissed.

2.The Respondent is entitled, pursuant to CPR 3.14(a), to inspect and take copies of the Originating Application and affidavits of Mr. Vincent Tchenguiz dated 6 th April 2017 and Mr. Rodney Hodges dated 13 th April 2017 and the exhibits thereto and any draft orders filed therewith.

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