The Obligations to give Full and Frank Disclosure and a
Fair Presentation when presenting an Ex Parte Application:
A Cautionary Tale
Bruno Wang & another v. Real Assets (RA) Global
Opportunity Fund I Limited & another
A recent decision of the BVI Commercial Court
highlights the importance of presenting cases fairly and with full
and frank disclosure, and the consequences that may follow when
these obligations are not met. Ex parte orders may be discharged
and, in cases where the failures are not innocent, they may not be
re-granted.
On 19 August 2022, the BVI Commercial Court (Wallbank J)
dismissed an application for the continuation of an ex
parte order appointing Provisional Liquidators
("PLs") over Real Assets (RA) Global
Opportunity Fund I Limited ("RAGOF"),
acceded to an application for the discharge of the PLs and set
aside an ex parte order appointing receivers over shares
in RAGOF (the receivership order having been part of a two-staged
approach to
