Dinglis Properties Ltd & Anor v Dinglis Management Litd & Ors

Dinglis Properties Ltd & Anor v Dinglis Management Litd & Ors

There is insufficient evidence of a real risk of dissipation of assets by the Defendants, and the Claimants committed a serious breach of their duty of disclosure by failing to disclose material facts regarding payments and guarantees, warranting discharge of the freezing order.

Parties
Claimant/respondent: Dinglis Properties Limited; Claimant/respondent: Gatemark Limited; Defendant/applicant: Dinglis Management Limited; Defendant/applicant: Paul Dinglis; Defendant/applicant: Cheryl Conrad-Joyce; Defendant/applicant: Eagle Shareholdings Limited
Jurisdiction
England and Wales
Judgment Date
14 April 2016
Procedural Posture
Civil / Application to Discharge Freezing Order
Outcome
Freezing order discharged
Legal Topics
Freezing Orders, Disclosure Obligations, Directors' Duties, Risk of Dissipation, Shareholder Disputes
Civil Procedure Company Law Freezing Orders Disclosure Obligations Directors' Duties Risk of Dissipation Shareholder Disputes

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Parties

Dinglis Properties Limited

Claimant/respondent

Gatemark Limited

Claimant/respondent

Dinglis Management Limited

Defendant/applicant

Paul Dinglis

Defendant/applicant

Cheryl Conrad-Joyce

Defendant/applicant

Eagle Shareholdings Limited

Defendant/applicant

Procedural Posture

Civil / Application to Discharge Freezing Order

Legal Issues

  1. 1 Whether there is a real risk of dissipation of assets by the Defendants
  2. 2 Whether the Claimants breached their duty of full and fair disclosure in obtaining the freezing order

Ratio Decidendi

There is insufficient evidence of a real risk of dissipation of assets by the Defendants, and the Claimants committed a serious breach of their duty of disclosure by failing to disclose material facts regarding payments and guarantees, warranting discharge of the freezing order.

Court Disposition

Freezing order discharged

Orders

  • Freezing order discharged
  • Court to hear Counsel on costs and consequential relief