Heifer International Ltd v Christiansen & Anor

Heifer International Ltd v Christiansen & Anor

The court found that the costs order debt remains unpaid, there was no evidence of financial loss to Heifer from the disputed payment, and the Danish arbitration award did not establish unlawfulness or impropriety. Therefore, there is no basis to discharge the charging order.

Parties
Claimant: Heifer International Limited; First Defendant: Helge Christiansen; Second Defendant: Christiansen Arkitekter KS MAA PAR
Jurisdiction
England and Wales
Judgment Date
09 April 2013
Procedural Posture
Civil / Ruling on Application to Discharge Charging Order
Outcome
Application dismissed
Legal Topics
Charging Orders, Breach of Trust, Costs Orders, Foreign Arbitration, Discharge of Charging Order
Civil Procedure Trusts and Equity Arbitration Charging Orders Breach of Trust Costs Orders Foreign Arbitration Discharge of Charging Order

Case Brief

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Parties

Heifer International Limited

Claimant

Helge Christiansen

First Defendant

Christiansen Arkitekter KS MAA PAR

Second Defendant

Procedural Posture

Civil / Ruling on Application to Discharge Charging Order

Legal Issues

  1. 1 Whether the charging order on the Claimant’s property should be discharged
  2. 2 Whether the debt relating to the costs order has been discharged
  3. 3 Whether Mr Christiansen acted in breach of trust by authorising payment without authority

Ratio Decidendi

The court found that the costs order debt remains unpaid, there was no evidence of financial loss to Heifer from the disputed payment, and the Danish arbitration award did not establish unlawfulness or impropriety. Therefore, there is no basis to discharge the charging order.

Court Disposition

Application dismissed

Orders

  • No order on First and Second Defendants’ application
  • General extension of time for service of Defence pending further order