John Machell QC has written a Case Note on the Eastern Caribbean Supreme Court’s judgment in Green Elite Limited v Fang Ankong and others BVIHC (COM) 2018/0222.

The judgment contains a helpful confirmation (contrary to the obiter comments of the Eastern Caribbean Court of Appeal in Ma v Fong) that s.175 of the BVI Business Companies Act puts a limit on the powers of directors and that directors are potentially liable to repay assets if they act beyond the scope of their powers.

John Machell QC instructed by Peter Ferrer and Sarah Thompson of Harneys acted for the successful Claimant.

The judgment can be viewed here.