Matter
Sian Participation Corp (In Liquidation) v Halimeda International Limited
- 19 May 2021Virgin Islands
19 May 2021Virgin Islands
Oral judgment of the BVI Commercial Court in the liquidation application dated 19 May 2021
BVI Commercial Court
- Decision summary
- The Court found that the US$226,000,000 loan was due and owing, that Sian had not shown a genuine and substantial dispute or grounds for dismissal or stay, granted Halimeda's liquidation application, appointed liquidators over Sian, and refused Sian's further evidence.
Supporting details
1 authorityBVI Commercial Court
10 months and 12 days later · 316 days
- 31 March 2022Virgin Islands
31 March 2022Virgin Islands
BVI Commercial Court in-camera judgment dated 31 March 2022
BVI Commercial Court
- Decision summary
- The Court appointed conflict liquidators over Sian Participation Corp.
7 months and 11 days later · 225 days
- 11 November 2022Virgin Islands
11 November 2022Virgin Islands
Judgment of the Eastern Caribbean Supreme Court, Court of Appeal dated 11 November 2022
Eastern Caribbean Supreme Court, Court of Appeal
- Decision summary
- The Court upheld the BVI Commercial Court's winding-up order appointing liquidators over Sian Participation Corp and refused applications to adduce fresh evidence on appeal.
5 months and 13 days later · 164 days
- 24 April 2023Virgin Islands
24 April 2023Virgin Islands
Judgment of the Eastern Caribbean Supreme Court, Court of Appeal in the case BVIHCMAP2021/0017 dated 24 April 2023
Eastern Caribbean Supreme Court, Court of Appeal
- Decision summary
- The Court dismissed Sian Participation Corp's application for conditional leave to appeal to His Majesty in Council and awarded costs to Halimeda International Limited, to be assessed below if not agreed within 21 days. It held that the winding-up order was final but the proposed appeal did not satisfy the statutory value threshold or raise a question of great general or public importance, and that the refusal to admit fresh evidence did not warrant leave.
Supporting details
19 authorities · 13 participantsSian Participation Corp (In Liquidation)
- Representative
- Tom Smith, KC (For: Sian Participation Corp (In Liquidation))
- Representative
- Paul Fradley (For: Sian Participation Corp (In Liquidation))
- Representative
- André McKenzie (For: Sian Participation Corp (In Liquidation))
- Representative
- Jhneil Stewart (For: Sian Participation Corp (In Liquidation))
Halimeda International Limited
- Representative
- Paul Lowenstein, KC (For: Halimeda International Limited)
- Representative
- Rupert Hamilton (For: Halimeda International Limited)
- Representative
- Andrew Willins (For: Halimeda International Limited)
- Representative
- Tamara Cameron (For: Halimeda International Limited)
Eastern Caribbean Supreme Court, Court of Appeal
- Judge
- Mario Michel
- Judge
- Gerard St. C Farara
- Date not availableArbitration
Date not availableArbitration
Confidential LCIA Arbitration Award