Weishi Yang & Kate Gardiner successful in multimillion dollar investment dispute

Weishi Yang and Kate Gardiner represented the successful Claimant in a US$ 2.25 million commission claim following a US$ 60 million investment into a South African Gold Mine.

In Alphier Capital Two LLP v Blyvoor Gold Capital (Pty) Ltd [2026] EWHC 244 (Ch), the Defendant, the owner of a South African Gold Mine, had agreed that the Claimant and another broker would “jointly pursue” funding for the Mine pursuant to a tripartite agreement, in return for a commission calculated as a percentage of the funding secured. The Defendant argued that the Claimant was not an “effective cause” of securing the funding and therefore was not entitled to a commission.

In November 2024, Kate Gardiner defeated the Defendant’s strike out application and allowed the Claimant to pursue the claim at trial.

In November 2025, Weishi Yang (led by Arnold Ayoo of Maitland Chambers) represented the successful Claimant at a 3-day trial in the Chancery Division. Mr Justice Richards handed down judgment on 9 February 2026 and held that the Claimant had performed all of the necessary services under the tripartite agreement and therefore was entitled to the US$ 2.25 million commission.

The judgment contains useful guidance on the application of the principles of contractual interpretation and on the meaning of “effective cause”.

Weishi Yang and Kate Gardiner were instructed by Three Graces Legal.

The Judgment can be found here.

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