Terra RAF Trans Traiding Ltd v Assaubayev & Ors

Terra RAF Trans Traiding Ltd v Assaubayev & Ors

The first defendant's application to set aside the default judgment is granted because there are serious issues as to the validity of service and the first defendant has a real prospect of successfully defending the claim. The matter requires a trial to resolve the factual disputes and issues of misrepresentation.

Parties
Claimant/applicant: Terra Raf Trans Traiding Ltd; Defendant/respondent: Aidar Assaubayev; Defendant: Altyn Group International Ltd; Defendant: Marat Shuakayev; Defendant: Murat Khassan
Jurisdiction
England and Wales
Judgment Date
05 August 2013
Procedural Posture
Commercial / Application to Set Aside Default Judgment and Related Applications
Outcome
First defendant's application to set aside default judgment granted; claimant's application refused; costs not awarded at this stage, to be determined after further submissions.
Legal Topics
Default Judgment, Service of Process, Misrepresentation, Jurisdiction, Freezing Order
Civil Procedure Commercial Law Default Judgment Service of Process Misrepresentation Jurisdiction Freezing Order

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Parties

Terra Raf Trans Traiding Ltd

Claimant/applicant

Aidar Assaubayev

Defendant/respondent

Altyn Group International Ltd

Defendant

Marat Shuakayev

Defendant

Murat Khassan

Defendant

Procedural Posture

Commercial / Application to Set Aside Default Judgment and Related Applications

Legal Issues

  1. 1 Whether service of proceedings on the first defendant was valid under English and Kazakhstan law
  2. 2 Whether the default judgment should be set aside under CPR 13.2 or 13.3
  3. 3 Whether the first defendant has a real prospect of successfully defending the claim

Ratio Decidendi

The first defendant's application to set aside the default judgment is granted because there are serious issues as to the validity of service and the first defendant has a real prospect of successfully defending the claim. The matter requires a trial to resolve the factual disputes and issues of misrepresentation.

Court Disposition

First defendant's application to set aside default judgment granted; claimant's application refused; costs not awarded at this stage, to be determined after further submissions.

Orders

  • Default judgment set aside as against the first defendant
  • Claimant's application for payment out of funds refused