In 2013, the Caymanian liquidators of Singularis Holdings
Limited (“SHL”) sought information from PwC – the
former auditor of SHL – by way of ex
parte summons, which was granted. PwC applied to set
aside the order on two grounds:
- The Bermuda Court's common law jurisdiction was not
equivalent to the statutory powers of the Bermuda Court under the
Companies Act 1981; and
- that the Bermuda Court should not exercise any common law
jurisdiction that would exceed the jurisdiction of the Grand Court
of the Cayman Islands (Bermuda's statutory power was broader
than the equivalent provision in Cayman).
PwC's application was refused. PwC appealed to the Court
of Appeal and succeeded in having the Supreme Court's order
set aside on the arguments above. Singularis appealed to the Privy
Council, and in November 2014, the Board handed down their
judgment: Singularis Holdings Limited v
PricewaterhouseCoopers [2015] AC 1675 (Singularis).