Gelley & Ors v Shepherd & Anor

Gelley & Ors v Shepherd & Anor

The BVI order restoring CILBVI must be recognised in England because the fraud was not operative in obtaining the order; CILBVI is the true owner of the land. Mrs Gelley lacked authority to act for CILBVI without Mrs Cail's agreement. The transfer to Comvecs was fraudulent and invalid, and Comvecs' registration as proprietor was not conclusive due to unmet registration requirements and fraud.

Parties
Appellant: Robert Gelley; Appellant: Collect Investments Limited; Appellant: Comvecs Intell Limited; Respondent: Raymond Anthony Shepherd; Respondent: Albert Skip Hire Limited
Jurisdiction
England and Wales
Judgment Date
07 October 2013
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Possession of Land, Company Restoration, Fraudulent Transfer, Recognition of Foreign Judgments, Authority of Company Representatives
Land Law Company Law Conflict of Laws Possession of Land Company Restoration Fraudulent Transfer Recognition of Foreign Judgments Authority of Company Representatives

Case Brief

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Parties

Robert Gelley

Appellant

Collect Investments Limited

Appellant

Comvecs Intell Limited

Appellant

Raymond Anthony Shepherd

Respondent

Albert Skip Hire Limited

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the restoration of CILBVI by the BVI court should be recognised in England despite fraud
  2. 2 Whether Mrs Gelley had authority to act for CILBVI
  3. 3 Whether the transfer of land to Comvecs was valid or tainted by fraud

Ratio Decidendi

The BVI order restoring CILBVI must be recognised in England because the fraud was not operative in obtaining the order; CILBVI is the true owner of the land. Mrs Gelley lacked authority to act for CILBVI without Mrs Cail's agreement. The transfer to Comvecs was fraudulent and invalid, and Comvecs' registration as proprietor was not conclusive due to unmet registration requirements and fraud.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • Paragraph 3 of the High Court order corrected: Mr Shepherd entitled to possession as against Mr Gelley and Nor-Dem; CILBVI is and was owner; Comvecs never entitled to possession.
  • Paragraph 4 corrected: Mr Shepherd’s right to possession as against CILBVI terminated by letter of 15 December 2008, but his right to possession until this judgment remained superior to Mr Gelley, Nor-Dem and Comvecs.