ECCA Declines To Hear Appeal Against Ex Parte Orders Prior To Return Date

Last week, the Eastern Caribbean Court of Appeal (ECCA) handed down its judgment on an attempted appeal by a BVI company, Greater Sail Limited ("Greater Sail"), against orders made ex parte by the Commercial Court, prior to the return date hearing.

In refusing to hear the appeal, the Court found that it would be "improper to permit [the appellant] to appeal to this Court" prior to an inter partes hearing before the judge below.

Background

This judgment is the latest in this long-running litigation between Greater Sail and Nam Tai Property Inc, Nam Tai Group Ltd and Nam Tai Investment (Shenzhen) Co Ltd (each "NTP", "NTG" and "NTI", and together the "Nam Tai Parties").

On 4 October 2021, the Court of Appeal, in related proceedings, ordered that a special meeting of NTP's shareholders be convened on 30 November 2021. The meeting was duly held and resolutions were passed removing four directors from office and appointing a number of new directors in their