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.