Kazakhstan Kagazy Plc & Ors v Zhunus & Anor

Kazakhstan Kagazy Plc & Ors v Zhunus & Anor

Appellants are entitled to serve a contribution notice against the respondent, even after settlement, and a freezing injunction can be granted in support of such a claim if proceedings are properly issued.

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; Respondent: Baglan Abdullayevich Zhunus; First Appellant: Maksat Askaruly Arip; Second Appellant: Shynar Dikhanbayeva
Jurisdiction
England and Wales
Judgment Date
26 October 2016
Procedural Posture
Civil Appeal / Court of Appeal Judgment and Order
Outcome
Appeal allowed.
Legal Topics
Contribution Claims, Freezing Injunctions, Fraud, Limitation Periods
Civil Procedure Commercial Law Equity Contribution Claims Freezing Injunctions Fraud Limitation Periods

Case Brief

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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

Respondent

Maksat Askaruly Arip

First Appellant

Shynar Dikhanbayeva

Second Appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment and Order

Legal Issues

  1. 1 Whether appellants can serve a contribution notice against a settled co-defendant relying on allegations made by claimants.
  2. 2 Whether a freezing injunction can be granted in support of a contribution claim before liability is established.
  3. 3 Whether alleged fraudsters can obtain equitable relief against each other.

Ratio Decidendi

Appellants are entitled to serve a contribution notice against the respondent, even after settlement, and a freezing injunction can be granted in support of such a claim if proceedings are properly issued.

Court Disposition

Appeal allowed.

Orders

  • Appellants permitted to file and serve a contribution notice against respondent.
  • Existing undertakings and cross-undertakings to continue until judgment or further order.