Vale SA v BSG Resources Ltd & Anor

Vale SA v BSG Resources Ltd & Anor

All objections to the Part 71 Order fail; the Order was properly made without notice, Vale complied with its disclosure obligations, the scope of the Order is not oppressive, and the applicant's proposals for cooperation do not justify setting aside or varying the Order.

Parties
Claimant: Vale S.A.; Defendant: BSG Resources Limited (in administration); Additional Respondent: Dag Lars Cramer
Jurisdiction
England and Wales
Judgment Date
30 July 2020
Procedural Posture
Enforcement Proceedings / Application to Set Aside/vary Part 71 Order
Outcome
Application to set aside/vary Part 71 Order dismissed.
Legal Topics
Enforcement of Arbitral Awards, Judgment Debtor Examination, Disclosure Obligations, Oppression in Enforcement, Duty of Full and Frank Disclosure
Civil Procedure Arbitration Commercial Law Enforcement of Arbitral Awards Judgment Debtor Examination Disclosure Obligations Oppression in Enforcement Duty of Full and Frank Disclosure

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Parties

Vale S.A.

Claimant

BSG Resources Limited (in administration)

Defendant

Dag Lars Cramer

Additional Respondent

Procedural Posture

Enforcement Proceedings / Application to Set Aside/vary Part 71 Order

Legal Issues

  1. 1 Whether the Part 71 Order should be set aside or varied
  2. 2 Whether the application should have been made on notice
  3. 3 Whether Vale complied with its duty of full and frank disclosure

Ratio Decidendi

All objections to the Part 71 Order fail; the Order was properly made without notice, Vale complied with its disclosure obligations, the scope of the Order is not oppressive, and the applicant's proposals for cooperation do not justify setting aside or varying the Order.

Court Disposition

Application to set aside/vary Part 71 Order dismissed.

Orders

  • Mr Cramer’s Set Aside Application is dismissed.
  • The Part 71 Order remains in force.