Group Seven Ltd v Allied Investment Corporation Ltd & Ors

Group Seven Ltd v Allied Investment Corporation Ltd & Ors

The assets of Wealthstorm Limited, including the debt, are not assets of Mr Sultana for the purposes of the Freezing Order. Sole ownership and control do not equate to beneficial ownership or power to deal with assets 'as if they were his own' under the standard form order. The committal application fails as the alleged breach does not concern Mr Sultana's assets within the meaning of the order.

Parties
Claimant: Group Seven Limited; First Defendant: Allied Investment Corporation Limited; Second Defendant: Marek Rejniak; Third Defendant: Paul Sultana; Fourth Defendant: Larn Limited; Fifth Defendant: Luis Nobre
Jurisdiction
England and Wales
Judgment Date
06 June 2013
Procedural Posture
Contempt Application Within Civil Proceedings / Ruling on Committal Application and Procedural Objections
Outcome
Application for committal dismissed
Legal Topics
Freezing Orders, Corporate Veil, Contempt of Court, Asset Control
Civil Procedure Company Law Freezing Orders Corporate Veil Contempt of Court Asset Control

Case Brief

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Parties

Group Seven Limited

Claimant

Allied Investment Corporation Limited

First Defendant

Marek Rejniak

Second Defendant

Paul Sultana

Third Defendant

Larn Limited

Fourth Defendant

Luis Nobre

Fifth Defendant

Procedural Posture

Contempt Application Within Civil Proceedings / Ruling on Committal Application and Procedural Objections

Legal Issues

  1. 1 Whether the debt owed to Wealthstorm Limited is an asset of Mr Sultana for purposes of the Freezing Order
  2. 2 Whether the application for committal is sufficiently particularised
  3. 3 Whether personal service of the Freezing Order can be dispensed with

Ratio Decidendi

The assets of Wealthstorm Limited, including the debt, are not assets of Mr Sultana for the purposes of the Freezing Order. Sole ownership and control do not equate to beneficial ownership or power to deal with assets 'as if they were his own' under the standard form order. The committal application fails as the alleged breach does not concern Mr Sultana's assets within the meaning of the order.

Court Disposition

Application for committal dismissed

Orders

  • Dispensation of personal service of the Freezing Order granted
  • Claimant's committal application dismissed