Servis-Terminal LLC v Valeriy Ernestovich Drelle

Servis-Terminal LLC v Valeriy Ernestovich Drelle

The appeal was allowed, the bankruptcy order set aside, and the bankruptcy petition dismissed due to jurisdictional grounds. Trustees are removed, costs awarded to Mr Drelle for appeals, and protection for trustees' remuneration ensured by undertaking.

Parties
Respondent to the Petition/appellant: Servis-Terminal LLC; Petitioner/respondent to the Appeal: Valeriy Ernestovich Drelle; Interested Party: Trustees in Bankruptcy (Robert Starkins, Nicholas Nicholson, Russell Parkin)
Jurisdiction
England and Wales
Judgment Date
06 May 2025
Procedural Posture
Civil Appeal / Post Appeal Consequential Hearing
Outcome
appeal allowed, bankruptcy order set aside, petition dismissed
Legal Topics
Bankruptcy Order, Trustee Removal, Costs, Remuneration, Appeal, Jurisdiction

Case Brief

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Parties

Servis-Terminal LLC

Respondent to the Petition/appellant

Valeriy Ernestovich Drelle

Petitioner/respondent to the Appeal

Trustees in Bankruptcy (Robert Starkins, Nicholas Nicholson, Russell Parkin)

Interested Party

Procedural Posture

Civil Appeal / Post Appeal Consequential Hearing

  1. 1 whether the bankruptcy order should be set aside
  2. 2 whether trustees should be removed
  3. 3 costs entitlement

Ratio Decidendi

The appeal was allowed, the bankruptcy order set aside, and the bankruptcy petition dismissed due to jurisdictional grounds. Trustees are removed, costs awarded to Mr Drelle for appeals, and protection for trustees' remuneration ensured by undertaking.

Court Disposition

appeal allowed, bankruptcy order set aside, petition dismissed

Orders

  • Trustees removed from office forthwith; estate reverts to Mr Drelle
  • No order for costs regarding set aside application or petition