A Person Aggrieved – Prove Your Debt Or Fall Short On Standing

A recent decision of the British Virgin Islands ("BVI") Commercial Court has seen The Honourable Justice Jack (Ag) clarify the 'aggrieved person' test for an interloper seeking to move an application under s273 of the Insolvency Act, 2003 (the "Act").

S273 of the Act provides that a person aggrieved by an act, omission or decision of an office holder may apply to the Court to confirm, reverse or modify said act, omission or decision.

In Simon McNally and Anor v Carl Stuart Jackson and Ors [BIVHC(COM) 49 of 2021], various issues were before the Court relating to a s273 application which sought, among other things, to challenge the actions of BVI joint liquidators.

By his judgment, Justice Jack held that, in order to move an application to be joined for the purpose of making submissions under s273 of the Act, the applicant had first to demonstrate that it was a creditor of the estate. It was not sufficient that the applicant had the benefit of a previous judgment