Who should pay the costs of compliance with an order for production of documents, when the order is set aside on appeal? The Privy Council reserves judgment …

Further to the Privy Council’s two groundbreaking 2014 judgments (‘opinions’) in the litigation between PricewaterhouseCoopers Bermuda and Saad Investments Company Limited (in liquidation) and Singularis Holdings Limited (in liquidation), regarding the scope of the Bermuda Court’s statutory and common law powers to assist foreign liquidators, the Privy Council has recently held a hearing, on 9 June 2016, with a view to hearing oral argument from the parties as to whether or not the Saad Liquidators should pay PwC’s costs of compliance with the Bermuda court’s order for the production of documents, given the fact that the order was subsequently set aside on appeal, but in the absence of any express undertaking from the Liquidators.

A video of the hearing is available here: https://www.jcpc.uk/watch/jcpc-2014-0040/090616-am.html

The Privy Council’s judgment is reserved for the time being.

Some readers might find watching the video of the hearing a little bit less riveting than watching paint dry.

But as a demonstration of oral appellate advocacy in contentious insolvency disputes, it might appeal to the Sa(a)do-masochists out there.

For more background, see:


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