Matter
Caldicott Worldwide Ltd v Siong Beng Seng et al (ECSC Court of Appeal BVIHCMAP2023/0009)
- 28 April 2020Arbitration
28 April 2020Arbitration
Order dated 28 April 2020 staying proceedings against Hector Finance Group Limited in favour of arbitration
- Decision summary
- The order stayed the proceedings against Hector Finance Group Limited in favour of arbitration, while leaving the proceedings against the shareholder defendants unstayed.
Supporting details
2 participantsCaldicott Worldwide Ltd
Hector Finance Group Limited
4 months and 27 days later · 149 days
- 24 September 2020British Virgin Islands
24 September 2020British Virgin Islands
Judgment of Wallbank J in the case concerning the Caldicott proceedings dated 24 September 2020
High Court of Justice of the Virgin Islands
- Decision summary
- Wallbank J dismissed the shareholder defendants’ application concerning service out of the jurisdiction and an alternative case-management stay.
19 days later · 19 days
- 13 October 2020British Virgin Islands
13 October 2020British Virgin Islands
Judgment of Wallbank J in the case concerning the Caldicott proceedings dated 13 October 2020
High Court of Justice of the Virgin Islands
- Decision summary
- Wallbank J ordered that the proceedings against the shareholder defendants could proceed notwithstanding the stay against Hector Finance Group Limited, subject to the limits identified in the order of 9 February 2021.
3 months and 27 days later · 119 days
- 9 February 2021Arbitration
9 February 2021Arbitration
Order dated 9 February 2021 permitting proceedings against the shareholder defendants to proceed notwithstanding the stay against Hector
- Decision summary
- The order permitted the proceedings against Siong Beng Seng, Ching Hui Huat and Springfield Investment & Nominees Pte Ltd to proceed notwithstanding the stay against Hector Finance Group Limited, subject to the stated limits on relief.
Supporting details
4 participantsCaldicott Worldwide Ltd
Siong Beng Seng
Ching Hui Huat
Springfield Investment & Nominees Pte Ltd
3 months and 23 days later · 112 days
- 1 June 2021British Virgin Islands
1 June 2021British Virgin Islands
First Appeal Judgment of the Eastern Caribbean Supreme Court Court of Appeal in BVIHCMAP2020/0020 dated 1 June 2021
The Eastern Caribbean Supreme Court, Court of Appeal
- Decision summary
- The Court of Appeal dismissed the shareholder defendants’ appeal concerning the refusal of a case-management stay and ordered the consequential appeal costs.
Supporting details
4 participantsCaldicott Worldwide Ltd
Siong Beng Seng
Ching Hui Huat
Springfield Investment & Nominees Pte Ltd
The Eastern Caribbean Supreme Court, Court of Appeal
1 year, 6 months and 18 days later · 566 days
- 19 December 2022Arbitration
19 December 2022Arbitration
Order dated 19 December 2022 directing trial of the preliminary nomineeship issue
- Decision summary
- The order directed a trial of the preliminary issue whether Caldicott held its shares in Hector as nominee for Chan Chew Keak.
2 months and 5 days later · 67 days
- 24 February 2023Arbitration
24 February 2023Arbitration
Consent Order dated 24 February 2023 giving directions for the preliminary-issue hearing
- Decision summary
- The parties’ consent order gave directions leading to the hearing of the preliminary nomineeship issue.
26 days later · 26 days
- 22 March 2023British Virgin Islands
22 March 2023British Virgin Islands
Second Appeal Judgment of the Eastern Caribbean Supreme Court Court of Appeal in BVIHCMAP2021/0007 dated 22 March 2023
The Eastern Caribbean Supreme Court, Court of Appeal
- Decision summary
- The Court of Appeal allowed the appeal, set aside permission to seek declarations concerning the 30 November 2019 resolution and the dividends, and stayed those heads of relief.
1 month and 19 days later · 50 days
- 11 May 2023British Virgin Islands
11 May 2023British Virgin Islands
Ex tempore judgment of Wallbank J in the Caldicott proceedings dated 11 May 2023
High Court of Justice of the Virgin Islands
- Decision summary
- Wallbank J treated the nomineeship issue as a fundamental aspect of the dispute between Hector Finance Group Limited and Caldicott and as falling within the arbitration agreement.
11 days later · 11 days
- 22 May 2023Arbitration
22 May 2023Arbitration
Order dated 22 May 2023 vacating the preliminary-issue trial
- Decision summary
- The order vacated the preliminary-issue trial and stayed the issue concerning the improper withholding of dividends.
1 year, 3 months and 27 days later · 485 days
- 18 September 2024British Virgin Islands
18 September 2024British Virgin Islands
Decision of the Eastern Caribbean Supreme Court Court of Appeal in the case BVIHCMAP2023/0009 dated 18 September 2024
The Eastern Caribbean Supreme Court, Court of Appeal
- Citation
- Eastern Caribbean Supreme Court, Court of Appeal (BVI), BVIHCMAP2023/0009, 18 September 2024
- Decision summary
- The Court of Appeal dismissed Caldicott Worldwide Ltd’s appeal. It held that the Second Appeal Judgment stayed the heads of relief concerning the 30 November 2019 resolution and the dividends, and that the issue of improper withholding of dividends was stayed; it also held that the arbitration agreement in Hector’s articles did not itself make disputes between members arbitrable, but the Second Appeal Judgment remained binding.
Supporting details
10 authorities · 10 participantsCaldicott Worldwide Ltd
- Representative
- Stephen Moverley Smith KC (For: Caldicott Worldwide Ltd)
Siong Beng Seng
- Representative
- Timothy Collingwood KC (For: Siong Beng Seng · Ching Hui Huat · Springfield Investment & Nominees Pte Ltd)
- Representative
- Iain Tucker (For: Siong Beng Seng · Ching Hui Huat · Springfield Investment & Nominees Pte Ltd)
Ching Hui Huat
- Representative
- Timothy Collingwood KC (For: Siong Beng Seng · Ching Hui Huat · Springfield Investment & Nominees Pte Ltd)
- Representative
- Iain Tucker (For: Siong Beng Seng · Ching Hui Huat · Springfield Investment & Nominees Pte Ltd)
Springfield Investment & Nominees Pte Ltd
- Representative
- Timothy Collingwood KC (For: Siong Beng Seng · Ching Hui Huat · Springfield Investment & Nominees Pte Ltd)
- Representative
- Iain Tucker (For: Siong Beng Seng · Ching Hui Huat · Springfield Investment & Nominees Pte Ltd)
The Eastern Caribbean Supreme Court, Court of Appeal
- Judge
- Gertel Thom
- Judge
- Esco Henry
- Judge
- Robert Levy