Tonstate Group Ltd & Ors v Wojakovski & Ors [2024] EWHC 1551 (Ch) (14 May 2024)

Tonstate Group Ltd & Ors v Wojakovski & Ors [2024] EWHC 1551 (Ch) (14 May 2024)

Exceptional circumstances justified granting Mr Marx rights of audience for Mr Wojakovski due to the importance of the application, potential consequences for non-compliance, and Mr Wojakovski's health. Further adjournment was refused due to urgency, lack of compliance with disclosure orders, and insufficient justification. Permission to serve out under section 423 Insolvency Act 1986 was granted due to a good arguable case, serious issue to be tried, England being the appropriate forum, and sufficient connection to the jurisdiction.

Citation
[2024] EWHC 1551 (Ch)
Parties
Claimant/applicant: Tonstate Group Limited (in liquidation); Claimant/applicant: Tonstate Edinburgh Limited (in liquidation); Claimant/applicant: Dan-Ton Investments Limited (in liquidation); Claimant/applicant: Arthur Matyas; Defendant/respondent: Edward Wojakovski; Defendant/respondent: Gil Wojakovski; Defendant/respondent: Tuvia Lewkovicz
Jurisdiction
England and Wales
Judgment Date
14 May 2024
Procedural Posture
High Court Business and Property Courts (chancery Division) / Interlocutory Applications: Rights of Audience, Adjournment, Permission to Serve Out
Outcome
Application for rights of audience for McKenzie Friend granted; application for adjournment refused; permission to serve out of jurisdiction granted.
Legal Topics
Rights of Audience for Mc Kenzie Friends, Adjournment of Hearings, Disclosure Orders, Service Out of Jurisdiction, Transactions Defrauding Creditors
Civil Procedure Insolvency Trusts and Equity Rights of Audience for Mc Kenzie Friends Adjournment of Hearings Disclosure Orders Service Out of Jurisdiction Transactions Defrauding Creditors

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Parties

Tonstate Group Limited (in liquidation)

Claimant/applicant

Tonstate Edinburgh Limited (in liquidation)

Claimant/applicant

Dan-Ton Investments Limited (in liquidation)

Claimant/applicant

Arthur Matyas

Claimant/applicant

Edward Wojakovski

Defendant/respondent

Gil Wojakovski

Defendant/respondent

Tuvia Lewkovicz

Defendant/respondent

Procedural Posture

High Court Business and Property Courts (chancery Division) / Interlocutory Applications: Rights of Audience, Adjournment, Permission to Serve Out

Legal Issues

  1. 1 Whether a McKenzie Friend should be granted rights of audience for a litigant in person
  2. 2 Whether to grant a further adjournment of a disclosure application
  3. 3 Whether to grant permission to serve proceedings out of the jurisdiction under section 423 Insolvency Act 1986

Ratio Decidendi

Exceptional circumstances justified granting Mr Marx rights of audience for Mr Wojakovski due to the importance of the application, potential consequences for non-compliance, and Mr Wojakovski's health. Further adjournment was refused due to urgency, lack of compliance with disclosure orders, and insufficient justification. Permission to serve out under section 423 Insolvency Act 1986 was granted due to a good arguable case, serious issue to be tried, England being the appropriate forum, and sufficient connection to the jurisdiction.

Court Disposition

Application for rights of audience for McKenzie Friend granted; application for adjournment refused; permission to serve out of jurisdiction granted.

Orders

  • Mr Marx granted rights of audience to speak for Mr Edward Wojakovski for this application.
  • Edward Wojakovski's application for adjournment refused; disclosure application to proceed.