Summary

EASTERN CARIBBEAN SUPREME COURT
BRITISH VIRGIN ISLANDS
IN THE HIGH COURT OF JUSTICE
(COMMERCIAL DIVISION)
CLAIM NO. BVIHC (COM) 2015/0117
BETWEEN:
PT VENTURES SGPS SA
and
VIDATEL LTD
2018: 4 July - 2019: 2 May.

Worldwide Freezing Order-Provision that "respondent must not in any way dispose of, deal with, or diminish the value of any of its assets"-Whether judgment debtor in breach of Order-Principles applied

[1] Adderley J, (Ag.). There were two applications before the Court. The application on behalf of the claimant dated 15 May 2018 seeks a declaration interpreting the terms of the Worldwide Freezing Order ("WFO"), and an order for further disclosure. The second application is on behalf of the defendant dated 6 June 2018 seeking to have the application of the claimant struck out or dismissed

Short Procedural History

[2] A temporary WFO was first imposed by order of Leon J dated 9 October, 2015, followed by a WFO on 12 October 2015. An application by Vidatel made before Farara, J (Ag.) on 25 November 2015 to discharge that Order was dismissed on 8 February 2016. A further application to discharge the WFO on the ground of material change in circumstances was made before Adderley J 6-8 March 2018 was dismissed on 26 March 2018 and a consequential order made 28 March 2018. Adderley J dismissed an application to stay the 28 March 2018 Order. An application was made by Vidatel to the Court of Appeal on 29 March 2018 to stay the 28 March 2018 Order, and this application was dismissed by the Court of Appeal on 4 April 2018.

[3] The 28 March 2018 Order contains the following paragraphs:

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