Fairfield Sentry Limited (In Liquidation) -v- Alfred Migani et al (HCVAP 2011/041-052, HCVAP 2011/054-056, HCVAP 2011/058-062)

BRITISH VIRGIN ISLANDS

COURT OF APPEAL

BVI APPEALS – APPEAL AS OF RIGHT TO PRIVY COUNCIL – EXTENSION OF TIME TO FILE AN APPEAL – COURT’S INHERENT JURISDICTION – ARTICLE 4 OF THE VIRGIN ISLANDS (APPEALS TO THE PRIVY COUNCIL) ORDER 1967.

Fairfield Sentry Limited (“Sentry”) and Alfred Migani et al (the “PI Defendants”) both applied for conditional leave to Appeal to the Privy Council against a judgment of the Court of Appeal on issues pertaining to the interpretation of Article 11 of Sentry’s Articles of Association and whether the PI Defendants had given good consideration on surrendering their shares. Sentry’s application for conditional leave to appeal was made out of time. It therefore sought to argue that the Court of Appeal could extend time in accordance with its inherent jurisdiction and in any event that since the Appeal was as of right, leave to appeal was not necessary.

 

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Fairfield Sentry Limited (In Liquidation) -v- Alfred Migani et al (HCVAP 2011/041-052, HCVAP 2011/054-056, HCVAP 2011/058-062)