Greenshores Properties Ltd v Andrews & Ors

Greenshores Properties Ltd v Andrews & Ors

The freezing orders are discharged because the claimants failed to make proper disclosure of material documents when obtaining the orders and, in any event, do not have a good arguable case against Mr Andrews or Cranbrook Homes Limited for debt or proprietary relief. As to Mr Hayes, while he does not dispute borrowing money, the general rule in cases of material non-disclosure applies and the claimants have not demonstrated that the risk of an unsatisfied judgment would be significantly reduced by continuing the order.

Parties
Claimant: Greenshores Properties Limited; First Defendant: Duncan Andrews; Second Defendant: Adam Hayes; Third Defendant: Cranbrook Homes Limited
Jurisdiction
England and Wales
Judgment Date
07 November 2013
Procedural Posture
Civil / Application to Discharge Freezing Order
Outcome
Freezing orders discharged
Legal Topics
Freezing Orders, Material Non Disclosure, Debt Claims, Proprietary Claims, Agency, Breach of Trust
Civil Procedure Commercial Law Freezing Orders Material Non Disclosure Debt Claims Proprietary Claims Agency Breach of Trust

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Parties

Greenshores Properties Limited

Claimant

Duncan Andrews

First Defendant

Adam Hayes

Second Defendant

Cranbrook Homes Limited

Third Defendant

Procedural Posture

Civil / Application to Discharge Freezing Order

Legal Issues

  1. 1 Whether the claimants made proper disclosure when obtaining the freezing order
  2. 2 Whether the claimants have a good arguable case against the defendants for debt or proprietary relief
  3. 3 Whether delay or other procedural matters justify discharge of the freezing order

Ratio Decidendi

The freezing orders are discharged because the claimants failed to make proper disclosure of material documents when obtaining the orders and, in any event, do not have a good arguable case against Mr Andrews or Cranbrook Homes Limited for debt or proprietary relief. As to Mr Hayes, while he does not dispute borrowing money, the general rule in cases of material non-disclosure applies and the claimants have not demonstrated that the risk of an unsatisfied judgment would be significantly reduced by continuing the order.

Court Disposition

Freezing orders discharged

Orders

  • The freezing orders against all defendants are discharged.