Alvina Collardeau v Michael Fuchs & Anor

Alvina Collardeau v Michael Fuchs & Anor

The purported AST was a sham transaction engineered by the Respondents to defeat enforcement of the financial remedy order; it was not entered into in good faith, and the evidential burden to establish the statutory exception was not discharged. The AST is a reviewable disposition under MCA 1973 s37 and must be set aside to enable enforcement of the sale order.

Parties
Applicant: Alvina Collardeau; First Respondent: Michael Fuchs; Second Respondent: LJ Hooker Projects FZ-LLC
Jurisdiction
England and Wales
Judgment Date
24 February 2025
Procedural Posture
Financial Remedy Application / Judgment on Application to Set Aside Purported Lease
Outcome
Application granted; AST set aside with immediate effect.
Legal Topics
Avoidance of Dispositions, Enforcement of Financial Orders, Sham Transactions, Matrimonial Causes Act S37
Family Law Property Law Avoidance of Dispositions Enforcement of Financial Orders Sham Transactions Matrimonial Causes Act S37

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Parties

Alvina Collardeau

Applicant

Michael Fuchs

First Respondent

LJ Hooker Projects FZ-LLC

Second Respondent

Procedural Posture

Financial Remedy Application / Judgment on Application to Set Aside Purported Lease

Legal Issues

  1. 1 Whether the purported lease (AST) is a reviewable disposition under MCA 1973 s37
  2. 2 Whether the AST was a sham transaction intended to defeat enforcement of financial remedy orders
  3. 3 Whether the Second Respondent acted in good faith and without notice of the First Respondent’s intention

Ratio Decidendi

The purported AST was a sham transaction engineered by the Respondents to defeat enforcement of the financial remedy order; it was not entered into in good faith, and the evidential burden to establish the statutory exception was not discharged. The AST is a reviewable disposition under MCA 1973 s37 and must be set aside to enable enforcement of the sale order.

Court Disposition

Application granted; AST set aside with immediate effect.

Orders

  • The purported lease (AST) over the Cotswolds Property is set aside ab initio.
  • Order necessary to give effect to Knowles J’s order for sale of the Cotswolds Property.