Helios Oryx Ltd v Trustco Group Holdings Ltd [2022] EWCA Civ 236 (25 February 2022)

Helios Oryx Ltd v Trustco Group Holdings Ltd [2022] EWCA Civ 236 (25 February 2022)

Relief from sanctions was refused because Trustco's default was serious and significant, it failed to show a good reason for non-compliance, and the evidence did not establish that it was unable to comply with the PTA Condition. Trustco's conduct was dilatory and obstructive, and the balance of prejudice favoured Helios. The court also lacked jurisdiction to entertain the application to vary the condition, as Trustco's rights to seek variation were exhausted under CPR 52.18(3).

Citation
[2022] EWCA Civ 236
Parties
Claimant/respondent: Helios Oryx Limited; Defendant/appellant: Trustco Group Holdings Limited
Jurisdiction
England and Wales
Judgment Date
25 February 2022
Procedural Posture
Civil Appeal / Application for Relief From Sanctions Following Dismissal of Appeal for Non Compliance With Unless Order
Outcome
Application refused
Legal Topics
Relief From Sanctions, Unless Orders, Security for Costs, Exchange Control Approval, Variation of Court Orders
Civil Procedure Commercial Law Relief From Sanctions Unless Orders Security for Costs Exchange Control Approval Variation of Court Orders

Case Brief

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Parties

Helios Oryx Limited

Claimant/respondent

Trustco Group Holdings Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Relief From Sanctions Following Dismissal of Appeal for Non Compliance With Unless Order

Legal Issues

  1. 1 Whether relief from sanctions should be granted to Trustco after failure to comply with a condition precedent to appeal (PTA Condition)
  2. 2 Whether the court has jurisdiction to vary the condition after dismissal of the appeal
  3. 3 Whether Trustco was unable to comply with the PTA Condition due to exchange control restrictions

Ratio Decidendi

Relief from sanctions was refused because Trustco's default was serious and significant, it failed to show a good reason for non-compliance, and the evidence did not establish that it was unable to comply with the PTA Condition. Trustco's conduct was dilatory and obstructive, and the balance of prejudice favoured Helios. The court also lacked jurisdiction to entertain the application to vary the condition, as Trustco's rights to seek variation were exhausted under CPR 52.18(3).

Court Disposition

Application refused

Orders

  • Refusal of relief from sanctions under CPR 3.9
  • Refusal of application to vary the PTA Condition