Peter Mark Arnstein v Coplexia Collaborative LLP & Anor

Peter Mark Arnstein v Coplexia Collaborative LLP & Anor

Mr Khodaparast was the real party controlling the LLP's response to the coronavirus issue, acted in his own interests and not for the LLP's benefit, filed misleading evidence in bad faith, and caused the Petitioner to incur unnecessary costs knowing the LLP could not pay. It is just to order that he pay the Petitioner's costs of and occasioned by the coronavirus issue and the non-party costs application.

Parties
Petitioner: Peter Mark Arnstein; First Respondent: Coplexia Collaborative LLP; Second Respondent: Amir Khodaparast
Jurisdiction
England and Wales
Judgment Date
31 March 2023
Procedural Posture
Insolvency (winding Up Petition) / Ruling on Non Party Costs Application After Winding Up Order
Outcome
Non-party costs order granted against Mr Khodaparast.
Legal Topics
Non Party Costs Orders, Winding Up Petitions, Corporate Insolvency and Governance Act 2020, Director Liability, Abuse of Process
Insolvency Law Civil Procedure Non Party Costs Orders Winding Up Petitions Corporate Insolvency and Governance Act 2020 Director Liability Abuse of Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

Peter Mark Arnstein

Petitioner

Coplexia Collaborative LLP

First Respondent

Amir Khodaparast

Second Respondent

Procedural Posture

Insolvency (winding Up Petition) / Ruling on Non Party Costs Application After Winding Up Order

Legal Issues

  1. 1 Whether Mr Khodaparast should be personally liable for the Petitioner's costs of and occasioned by the coronavirus issue under Schedule 10 to the Corporate Insolvency and Governance Act 2020, including the preliminary hearing costs, as a non-party under s.51 Senior Courts Act 1981.

Ratio Decidendi

Mr Khodaparast was the real party controlling the LLP's response to the coronavirus issue, acted in his own interests and not for the LLP's benefit, filed misleading evidence in bad faith, and caused the Petitioner to incur unnecessary costs knowing the LLP could not pay. It is just to order that he pay the Petitioner's costs of and occasioned by the coronavirus issue and the non-party costs application.

Court Disposition

Non-party costs order granted against Mr Khodaparast.

Orders

  • Mr Khodaparast to pay the Petitioner's costs of and occasioned by the coronavirus issue, including the preliminary hearing, and the costs of the non-party costs application, subject to detailed assessment if not agreed.