Kazakhstan Kagazy Plc & Ors v Zhunus & Ors

Kazakhstan Kagazy Plc & Ors v Zhunus & Ors

There are significant and serious deficiencies in Mrs. Arip's asset disclosure, including unexplained transfers to family members, undisclosed interests in trusts, and lack of information about substantial assets. Cross-examination is justified to further the purpose of the Worldwide Freezing Order, is not oppressive if properly limited, and is just and convenient in the circumstances. The security offered is inadequate to avoid cross-examination.

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; Additional Party: Harbour Fund III LP
Jurisdiction
England and Wales
Judgment Date
27 June 2019
Procedural Posture
Commercial Court Application (post Judgment Enforcement) / Interlocutory Application for Cross Examination on Asset Disclosure Under a Worldwide Freezing Order
Outcome
Application granted
Legal Topics
Worldwide Freezing Order, Asset Disclosure, Cross Examination, Section 51 Senior Courts Act, Security for Costs, Fraud Enforcement
Civil Procedure Commercial Law Enforcement of Judgments Worldwide Freezing Order Asset Disclosure Cross Examination Section 51 Senior Courts Act Security for Costs +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

Additional Party

Procedural Posture

Commercial Court Application (post Judgment Enforcement) / Interlocutory Application for Cross Examination on Asset Disclosure Under a Worldwide Freezing Order

Legal Issues

  1. 1 Whether cross-examination of the Fourth Defendant (Mrs. Arip) should be ordered regarding her asset disclosure under a Worldwide Freezing Order
  2. 2 Whether there are significant or serious deficiencies in the existing disclosure justifying cross-examination
  3. 3 Whether the security offered by Mrs. Arip is adequate to avoid cross-examination

Ratio Decidendi

There are significant and serious deficiencies in Mrs. Arip's asset disclosure, including unexplained transfers to family members, undisclosed interests in trusts, and lack of information about substantial assets. Cross-examination is justified to further the purpose of the Worldwide Freezing Order, is not oppressive if properly limited, and is just and convenient in the circumstances. The security offered is inadequate to avoid cross-examination.

Court Disposition

Application granted

Orders

  • Mrs. Arip is ordered to attend court for cross-examination on her asset disclosure under the Worldwide Freezing Order, subject to safeguards to be determined by the court.
  • Claimants to provide in advance a list of topics and documents for cross-examination.