Kovarska v Otkritie International Investment Management Ltd & Ors

Kovarska v Otkritie International Investment Management Ltd & Ors

The order granting Ms Kovarska an extension of time and permission to appeal was set aside because it was obtained by serious misrepresentations and non-disclosures regarding her ability and opportunity to appeal in time, the availability of new evidence, her financial position, and the merits of her grounds of appeal. The court found that, had it been aware of the true facts, it would not have granted any of her applications.

Parties
Appellant/defendant: Maria Kovarska; Respondents/claimants: Otkritie International Investment Management Limited and Others
Jurisdiction
England and Wales
Judgment Date
11 October 2017
Procedural Posture
Civil Appeal / Application to Set Aside Ex Parte Order Granting Extension of Time and Permission to Appeal
Outcome
Order granting extension of time and permission to appeal set aside; application for permission to appeal dismissed
Legal Topics
Extension of Time to Appeal, Permission to Appeal, Non Disclosure and Misrepresentation, Freezing Orders, Laundering of Proceeds of Fraud
Civil Procedure Fraud Asset Recovery Extension of Time to Appeal Permission to Appeal Non Disclosure and Misrepresentation Freezing Orders Laundering of Proceeds of Fraud

Case Brief

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Parties

Maria Kovarska

Appellant/defendant

Otkritie International Investment Management Limited and Others

Respondents/claimants

Procedural Posture

Civil Appeal / Application to Set Aside Ex Parte Order Granting Extension of Time and Permission to Appeal

Legal Issues

  1. 1 Whether the ex parte order granting Ms Kovarska an extension of time and permission to appeal should be set aside for material non-disclosure and misrepresentation
  2. 2 Whether Ms Kovarska was entitled to an extension of time to appeal
  3. 3 Whether permission to adduce new evidence should have been granted

Ratio Decidendi

The order granting Ms Kovarska an extension of time and permission to appeal was set aside because it was obtained by serious misrepresentations and non-disclosures regarding her ability and opportunity to appeal in time, the availability of new evidence, her financial position, and the merits of her grounds of appeal. The court found that, had it been aware of the true facts, it would not have granted any of her applications.

Court Disposition

Order granting extension of time and permission to appeal set aside; application for permission to appeal dismissed

Orders

  • The respondents' application to set aside the ex parte order is granted.
  • Ms Kovarska's application for permission to appeal is dismissed.