Kazakhstan Kagazy Plc & Ors v Zhunus & Ors

Kazakhstan Kagazy Plc & Ors v Zhunus & Ors

The Respondents did not breach the relevant 'unless' orders; their evidence substantially complied with the requirements. Any arguable non-compliance was neither serious nor significant and, if relief from sanctions were required, it would be granted. The application to delete or vary paragraph 5 of the Baker J Order was dismissed as Respondents failed to advance any cogent basis and any impediment was self-inflicted.

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; Defendant: Sholpan Arip; Defendant: Larissa Asilbekova; Defendant: Harbour Fund III LP; Respondent: Cooperton Management Limited; Respondent: Fablink Limited; Respondent: Waychem Limited; Respondent: Standcorp Limited; Respondent: Permafast Limited; Respondent: Dencora Limited; Respondent: Unistarel Corporation; Respondent: Xyan Holdings Limited
Jurisdiction
England and Wales
Judgment Date
10 September 2020
Procedural Posture
Commercial Court Enforcement Proceedings / Ruling on Applications for Judgment, Relief From Sanctions, and Variation of Prior Orders
Outcome
Applications dismissed
Legal Topics
Relief From Sanctions, Disclosure Obligations, Enforcement of Judgments, Charging Orders, Compliance With Court Orders, Cross Border Injunctions
Civil Procedure Commercial Law Trusts and Asset Tracing Relief From Sanctions Disclosure Obligations Enforcement of Judgments Charging Orders Compliance With Court Orders +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

Sholpan Arip

Defendant

Larissa Asilbekova

Defendant

Harbour Fund III LP

Defendant

Cooperton Management Limited

Respondent

Fablink Limited

Respondent

Waychem Limited

Respondent

Standcorp Limited

Respondent

Permafast Limited

Respondent

Dencora Limited

Respondent

Unistarel Corporation

Respondent

Xyan Holdings Limited

Respondent

Procedural Posture

Commercial Court Enforcement Proceedings / Ruling on Applications for Judgment, Relief From Sanctions, and Variation of Prior Orders

Legal Issues

  1. 1 Whether Respondents breached 'unless' orders regarding disclosure and preservation of forensic images
  2. 2 Whether relief from sanctions should be granted for any non-compliance
  3. 3 Whether paragraph 5 of the Baker J Order should be deleted or varied

Ratio Decidendi

The Respondents did not breach the relevant 'unless' orders; their evidence substantially complied with the requirements. Any arguable non-compliance was neither serious nor significant and, if relief from sanctions were required, it would be granted. The application to delete or vary paragraph 5 of the Baker J Order was dismissed as Respondents failed to advance any cogent basis and any impediment was self-inflicted.

Court Disposition

Applications dismissed

Orders

  • Claimants' application for judgment dismissed
  • Respondents' application for relief from sanctions granted (if required)