Caldero Trading Ltd v (1) Beppler & Jacobson Ltd & Ors

Caldero Trading Ltd v (1) Beppler & Jacobson Ltd & Ors

The respondents' contractual obligation to pay up Caldero's shares was admitted and not in dispute at the time of the compromise. The Newey Order did not expressly or impliedly waive or extinguish this obligation. Therefore, Caldero is entitled to reimbursement of the sum paid in paying up the shares.

Parties
Petitioner: Caldero Trading Limited; First Respondent: Beppler & Jacobson Limited; Second Respondent: Beppler & Jacobson Montenegro D.O.O; Third Respondent: Leibson Corporation; Fourth Respondent: Belinda Capital Limited; Fifth Respondent: Igor Lazurenko; Sixth Respondent: Marcel Telser; Seventh Respondent: Lawson Trading Limited; Eighth Respondent: Sergey Scheklanov
Jurisdiction
England and Wales
Judgment Date
11 April 2014
Procedural Posture
Company/commercial / Judgment After Trial of Discrete Issue and Application for Reimbursement
Outcome
Application allowed; respondents ordered to reimburse Caldero
Legal Topics
Share Capital Payment, Contractual Obligations, Compromise Agreements, Abuse of Process, Unjust Enrichment
Company Law Insolvency Law Contract Law Share Capital Payment Contractual Obligations Compromise Agreements Abuse of Process Unjust Enrichment

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 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Caldero Trading Limited

Petitioner

Beppler & Jacobson Limited

First Respondent

Beppler & Jacobson Montenegro D.O.O

Second Respondent

Leibson Corporation

Third Respondent

Belinda Capital Limited

Fourth Respondent

Igor Lazurenko

Fifth Respondent

Marcel Telser

Sixth Respondent

Lawson Trading Limited

Seventh Respondent

Sergey Scheklanov

Eighth Respondent

Procedural Posture

Company/commercial / Judgment After Trial of Discrete Issue and Application for Reimbursement

Legal Issues

  1. 1 Whether respondents are liable to reimburse Caldero for £87,501 paid up on shares
  2. 2 Whether compromise agreement (Newey Order) extinguished or waived the contractual obligation to pay up shares
  3. 3 Whether it is an abuse of process to seek reimbursement post-compromise

Ratio Decidendi

The respondents' contractual obligation to pay up Caldero's shares was admitted and not in dispute at the time of the compromise. The Newey Order did not expressly or impliedly waive or extinguish this obligation. Therefore, Caldero is entitled to reimbursement of the sum paid in paying up the shares.

Court Disposition

Application allowed; respondents ordered to reimburse Caldero

Orders

  • Respondents to pay Caldero £87,501 as reimbursement for payment up of shares
  • Caldero to issue a pro forma application if not already done so