Terra RAF Trans Traiding Ltd v Assaubayev & Ors [2013] EWHC 2824 (Comm) (05 August 2013)

Terra RAF Trans Traiding Ltd v Assaubayev & Ors [2013] EWHC 2824 (Comm) (05 August 2013)

The first defendant's application to set aside the default judgment is granted because the claimant failed to establish a much better argument on the validity of service, and the first defendant demonstrated a real prospect of successfully defending the claim, necessitating a trial of the issues.

Citation
[2013] EWHC 2824 (Comm)
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 Court Claim for Misrepresentation and Related Relief / Hearing of Applications to Set Aside Default Judgment and for Payment Out of Funds Paid Into Court
Outcome
Application of the first defendant to set aside default judgment granted; claimant's application for payment out refused.
Legal Topics
Default Judgment, Service of Process, Misrepresentation, Freezing Injunction, Jurisdiction, Setting Aside Judgment
Civil Procedure Commercial Law Default Judgment Service of Process Misrepresentation Freezing Injunction Jurisdiction Setting Aside Judgment

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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 Court Claim for Misrepresentation and Related Relief / Hearing of Applications to Set Aside Default Judgment and for Payment Out of Funds Paid Into Court

Legal Issues

  1. 1 Whether service of proceedings on the first defendant was valid under English and Kazakh 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 the claimant failed to establish a much better argument on the validity of service, and the first defendant demonstrated a real prospect of successfully defending the claim, necessitating a trial of the issues.

Court Disposition

Application of the first defendant to set aside default judgment granted; claimant's application for payment out refused.

Orders

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