To print this article, all you need is to be registered or login on Mondaq.com. The Eastern Caribbean Court of Appeal held in Throne Capable Investment Limited v Agile Star Group Limited 1 that the failure to set aside a statutory demand does not constitute misconduct, an unreasonable act or an exceptional circumstance so as to warrant departure from the general rule that costs follow the event. Introduction The British Virgin Islands (the BVI) insolvency regime provides for the issuance of statutory demands against BVI companies. Where a statutory demand is not set aside within 14 days, a creditor can apply to appoint a liquidator to the alleged