Arbitral Digest

Matter

Caldicott Worldwide Ltd v Hector Finance Group Limited

  1. 28 April 2020Arbitration

    28 April 2020Arbitration

    Partial stay order of 28 April 2020

    Decision summary
    The Court stayed the claims and relief against Hector Finance Group Limited in favour of arbitration. The claims and relief against Siong Beng Seng, Ching Hui Huat and Springfield Investments & Nominees Pte Ltd were not stayed, and the Court directed a further hearing on the consequences of the stay.

    Supporting details

    5 participants
    Caldicott Worldwide Ltd
    Hector Finance Group Limited
    Siong Beng Seng
    Ching Hui Huat
    Springfield Investments & Nominees Pte Ltd

    5 months and 15 days later · 168 days

  2. 13 October 2020British Virgin Islands

    13 October 2020British Virgin Islands

    Judgment of the Eastern Caribbean Supreme Court, High Court of Justice, Commercial Division in Claim No. BVIHCM 2019/0190 dated 13 October 2020

    Eastern Caribbean Supreme Court, High Court of Justice, Commercial Division

    Case no.
    BVIHCM 2019/0190
    Citation
    BVIHCM 2019/0190
    Decision summary
    The Court determined the procedural consequences of the 28 April 2020 partial stay in Caldicott Worldwide Ltd’s unfair-prejudice claim concerning dividends withheld by Hector Finance Group Limited and a ratifying resolution. Claims against the shareholder defendants were permitted to proceed insofar as they did not require a dispute between Caldicott and Hector to be resolved; the Claimant could amend its pleadings within those limits. Relief requiring Hector to pay dividends, appointing a liquidator, regulating the company’s affairs, setting aside the resolution, or procuring payment by the company remained stayed, while limited declarations concerning the resolution and dividends were permitted, subject to the directions in the judgment.

    Supporting details

    8 authorities · 14 participants
    Caldicott Worldwide Ltd
    Representative
    Stephen Moverley Smith, QC (For: Caldicott Worldwide Ltd)
    Representative
    Justin Davis (For: Caldicott Worldwide Ltd)
    Representative
    Dhanshuklal Vekaria (For: Caldicott Worldwide Ltd)
    Hector Finance Group Limited
    Representative
    Robert Nader (For: Hector Finance Group Limited)
    Representative
    Sophie Christodoulou (For: Hector Finance Group Limited)
    Siong Beng Seng
    Representative
    Timothy Collingwood, QC (For: Siong Beng Seng · Ching Hui Huat · Springfield Investments & Nominees Pte Ltd)
    Representative
    Iain Tucker (For: Siong Beng Seng · Ching Hui Huat · Springfield Investments & Nominees Pte Ltd)
    Representative
    Catherine O’Connell (For: Siong Beng Seng · Ching Hui Huat · Springfield Investments & Nominees Pte Ltd)
    Ching Hui Huat
    Representative
    Timothy Collingwood, QC (For: Siong Beng Seng · Ching Hui Huat · Springfield Investments & Nominees Pte Ltd)
    Representative
    Iain Tucker (For: Siong Beng Seng · Ching Hui Huat · Springfield Investments & Nominees Pte Ltd)
    Representative
    Catherine O’Connell (For: Siong Beng Seng · Ching Hui Huat · Springfield Investments & Nominees Pte Ltd)
    Springfield Investments & Nominees Pte Ltd
    Representative
    Timothy Collingwood, QC (For: Siong Beng Seng · Ching Hui Huat · Springfield Investments & Nominees Pte Ltd)
    Representative
    Iain Tucker (For: Siong Beng Seng · Ching Hui Huat · Springfield Investments & Nominees Pte Ltd)
    Representative
    Catherine O’Connell (For: Siong Beng Seng · Ching Hui Huat · Springfield Investments & Nominees Pte Ltd)
    Eastern Caribbean Supreme Court, High Court of Justice, Commercial Division

    Authorities cited

    8
    • Business Companies Act 2004 (as amended), section 184I
      statute
    • Civil Procedure Rules 2000, rule 20.1(1)
      procedural rule
    • Zanotti v Interlog Finance Corp. and Ors. (BVIHCV2009/0394 (unreported, delivered 8 February 2010))
      case law
    • Company (Unfair Prejudice Applications) Proceedings Rules 2009 (SI 2009/2469, paragraph 4(1))
      procedural rule
    • English CPR PD49A, paragraph 7
      procedural rule
    • Re a Company (no.001126 of 1992) ([1994] 2 BCLC 146)
      case law
    • Companies Act 2006
      statute
    • Articles of Association
      company constitution

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Caldicott Worldwide Ltd v Hector Finance Group Limited · Matter