The DPH liquidation dispute(1) has given rise to a BVI Court of Appeal judgment on a point rarely taken; is leave required to file a counter notice to an existing appeal?
A single Court of Appeal judge had held that leave was required; however, the full Court of Appeal has overturned that decision, finding that any party wishing to cross-appeal on any issue considered in the same judgment may do so by counter notice without seeking separate leave.
The full court found that once an appeal has been commenced with leave, the Court of Appeal's jurisdiction is engaged and the party wishing to cross-appeal may do so by counter notice without bringing a separate leave application. The court described a counter notice as being by its nature "parasitical on a pending appeal". The court's approach should be commended as one which "avoids a multiplicity of proceedings and promotes judicial economy of time and expense".
For further information on this topic please contact Joanne Verbiesen or Fleur O'Driscoll at Harneys' Hong Kong office by telephone (+852 5806 7800) or email ([email protected] or [email protected]). Alternatively, contact Peter Ferrer at Harneys' Tortola office by telephone (+1 284 494 2233) or email ([email protected]). The Harneys website can be accessed at www.harneys.com.
Endnotes
(1) For further details please see "Tick, tock – the need to keep an eye on the clock in liquidator applications".
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