
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.
John Machell KC has a broad commercial chancery practice, with particular experience in large-scale litigation involving trusts, fiduciary/director duties, and fraud, particularly with an international dimension.
John is regarded as one of the leading partnership and LLP silks and has experience of a wide range of both contentious and non-contentious matters across the whole range of business sectors. A large part of his work involves issues arising from the use of partnerships and LLPs in hedge fund and private equity structures; in international commercial group structures; and as part of wealth planning strategies.
A substantial part of John’s practice is offshore, and he has appeared in the courts of Grand Cayman, the British Virgin Islands, and Bermuda on several occasions in recent years.
Call: 1993
Silk: 2012