Kazakhstan Kagazy Plc & Ors v Zhunus & Ors [2020] EWHC 128 (Comm) (30 January 2020)

Kazakhstan Kagazy Plc & Ors v Zhunus & Ors [2020] EWHC 128 (Comm) (30 January 2020)

Relief from sanctions was refused because the pleading defaults were serious, intentional, and not justified; respondents failed to comply with Unless Order and did not provide good reason for defaults. Claimants entitled to final charging orders and striking out of respondents' defences.

Citation
[2020] EWHC 128 (Comm)
Parties
Claimants: Kazakhstan Kagazy PLC and others; Defendants: Baglan Abdullayevich Zhunus and others; Additional Party: Harbour Fund III LP; Charging Order Respondents: Cooperton Management Limited and others
Jurisdiction
England and Wales
Judgment Date
30 January 2020
Procedural Posture
Commercial Court Enforcement Proceedings / Application for Relief From Sanctions and Final Charging Orders
Outcome
Relief from sanctions refused; claimants' application granted.
Legal Topics
Relief From Sanctions, Disclosure Obligations, Charging Orders, Beneficial Ownership, Fraud, Tracing Claims
Civil Procedure Trusts and Equity Insolvency Relief From Sanctions Disclosure Obligations Charging Orders Beneficial Ownership Fraud +1 more

Case Brief

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Parties

Kazakhstan Kagazy PLC and others

Claimants

Baglan Abdullayevich Zhunus and others

Defendants

Harbour Fund III LP

Additional Party

Cooperton Management Limited and others

Charging Order Respondents

Procedural Posture

Commercial Court Enforcement Proceedings / Application for Relief From Sanctions and Final Charging Orders

Legal Issues

  1. 1 Whether relief from sanctions should be granted for defaults under an Unless Order
  2. 2 Whether interim charging orders should be made final
  3. 3 Whether the properties are beneficially owned by Mr Arip or held for family trusts

Ratio Decidendi

Relief from sanctions was refused because the pleading defaults were serious, intentional, and not justified; respondents failed to comply with Unless Order and did not provide good reason for defaults. Claimants entitled to final charging orders and striking out of respondents' defences.

Court Disposition

Relief from sanctions refused; claimants' application granted.

Orders

  • Respondents' Points of Defence struck out.
  • Final charging orders made in favour of claimants over the respective properties.