Alliance Bank JSC v Zhunus & Ors

Alliance Bank JSC v Zhunus & Ors

The claims by Alliance Bank are time-barred under Kazakh law because the bank's board had actual knowledge of the alleged harm and relevant facts by February 2010, more than three years before the claim was issued. Additionally, Alliance failed in its duty of full and frank disclosure on the ex parte application by not disclosing material documents and facts relevant to limitation, causation, and the merits. Consequently, the freezing order and permission for service out of jurisdiction must be discharged.

Parties
Claimant: Alliance Bank JSC; Defendant: Baglan Abdullayevich Zhunus; Defendant: Maksat Askaruly Arip; Defendant: David Sturt
Jurisdiction
England and Wales
Judgment Date
18 March 2015
Procedural Posture
Commercial Claim / Ruling on Applications for Continuation/discharge of Freezing Order and Service Out of Jurisdiction
Outcome
Applications by Mr Arip to discharge the freezing order and set aside service out of jurisdiction are granted. Alliance Bank's applications are dismissed.
Legal Topics
Freezing Injunctions, Service Out of Jurisdiction, Limitation of Actions, Material Non Disclosure, Kazakh Law Torts, Banking Fraud, Security Interests
Commercial Law Banking Law Conflict of Laws Civil Procedure Freezing Injunctions Service Out of Jurisdiction Limitation of Actions Material Non Disclosure +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Alliance Bank JSC

Claimant

Baglan Abdullayevich Zhunus

Defendant

Maksat Askaruly Arip

Defendant

David Sturt

Defendant

Procedural Posture

Commercial Claim / Ruling on Applications for Continuation/discharge of Freezing Order and Service Out of Jurisdiction

Legal Issues

  1. 1 Whether the claimant's claims are time-barred under Kazakh law limitation period
  2. 2 Whether there was material non-disclosure by the claimant on the ex parte application for freezing order and service out
  3. 3 Whether the claimant has a good arguable case/serious issue to be tried against the second defendant

Ratio Decidendi

The claims by Alliance Bank are time-barred under Kazakh law because the bank's board had actual knowledge of the alleged harm and relevant facts by February 2010, more than three years before the claim was issued. Additionally, Alliance failed in its duty of full and frank disclosure on the ex parte application by not disclosing material documents and facts relevant to limitation, causation, and the merits. Consequently, the freezing order and permission for service out of jurisdiction must be discharged.

Court Disposition

Applications by Mr Arip to discharge the freezing order and set aside service out of jurisdiction are granted. Alliance Bank's applications are dismissed.

Orders

  • The freezing order against Mr Arip is discharged.
  • Permission for service out of jurisdiction on Mr Arip is set aside.