Kazakhstan Kagazy Plc & Ors v Zhunus & Ors

Kazakhstan Kagazy Plc & Ors v Zhunus & Ors

The claimants retain a good arguable case that they did not have actual or constructive knowledge of the alleged frauds by August 2010, and the new documents do not conclusively show otherwise. There is no basis for summary dismissal or discharge of the freezing injunction, and no material non-disclosure warranting discharge.

Parties
Claimant: Kazakhstan Kagazy PLC; Claimant: Kazakhstan Kagazy JSC; Claimant: Prime Estate Activities Kazakhstan LLP; Claimant: Peak Akzhal LLP; Claimant: Peak Aksenger LLP; Claimant: Astana – Contract JSC; Claimant: Paragon Development LLP; Defendant: Baglan Abdullayevich Zhunus; Defendant: Maksat Askaruly Arip; Defendant: Shynar Dikhanbayeva
Jurisdiction
England and Wales
Judgment Date
27 October 2015
Procedural Posture
Commercial Civil Claim / Ruling on Summary Dismissal and Discharge of Freezing Injunction Applications
Outcome
Applications for summary dismissal and discharge of freezing injunction dismissed.
Legal Topics
Freezing Injunction, Limitation Period, Material Non Disclosure, Summary Judgment, Attribution of Knowledge, Reflective Loss
Civil Procedure Fraud Company Law Freezing Injunction Limitation Period Material Non Disclosure Summary Judgment Attribution of Knowledge +1 more

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Parties

Kazakhstan Kagazy PLC

Claimant

Kazakhstan Kagazy JSC

Claimant

Prime Estate Activities Kazakhstan LLP

Claimant

Peak Akzhal LLP

Claimant

Peak Aksenger LLP

Claimant

Astana – Contract JSC

Claimant

Paragon Development LLP

Claimant

Baglan Abdullayevich Zhunus

Defendant

Maksat Askaruly Arip

Defendant

Shynar Dikhanbayeva

Defendant

Procedural Posture

Commercial Civil Claim / Ruling on Summary Dismissal and Discharge of Freezing Injunction Applications

Legal Issues

  1. 1 Whether the claims are time-barred under Kazakh law
  2. 2 Whether there was material non-disclosure justifying discharge of the injunction
  3. 3 Whether summary judgment should be granted against the claimants

Ratio Decidendi

The claimants retain a good arguable case that they did not have actual or constructive knowledge of the alleged frauds by August 2010, and the new documents do not conclusively show otherwise. There is no basis for summary dismissal or discharge of the freezing injunction, and no material non-disclosure warranting discharge.

Court Disposition

Applications for summary dismissal and discharge of freezing injunction dismissed.

Orders

  • Defendants' applications dismissed.
  • Freezing injunction to continue pending trial.