Convoy Collateral, a Hong Kong company, brought proceedings in Hong Kong against Dr Cho, a Hong Kong resident, for various breaches of fiduciary duties.
In support of these proceedings, Convoy Collateral applied to the British Virgin Islands (BVI) Courts for a freezing injunction against Dr Cho and a third-party BVI company, Broad Idea, of which Dr Cho was a majority shareholder.
The freezing injunction against Dr Cho and Broad Idea was granted at first instance, but later overturned by the BVI Court of Appeal. Convoy Collateral appealed the Court of Appeal's decision.
The issues stemming from the appeal to the Privy Council (the Board) were as follows:
- Whether a freezing injunction required a collateral underlying cause of action to be granted.
- Whether the Court can assist the enforcement of a prospective or existing foreign judgment where it has personal jurisdiction over a party.