Lloyds Investment (Scandinavia) Ltd v Ager-Hanssen

Lloyds Investment (Scandinavia) Ltd v Ager-Hanssen

The application to vary or revoke the order fails because the grounds relied upon were available at the time of the original hearing but not raised, and there is no material change of circumstances or evidence that the judge was misled. The proper course is to seek permission to appeal out of time, not to re-argue before the same court.

Parties
Claimant: Lloyds Investment (Scandinavia) Limited; Defendant: Christen Ager-Hanssen
Jurisdiction
England and Wales
Judgment Date
15 July 2003
Procedural Posture
Civil / Application to Vary/revoke Order and Stay Execution of Judgment
Outcome
Application dismissed
Legal Topics
Setting Aside Default Judgment, Freezing Orders, Variation of Court Orders, Asset Realisation, Appeal Procedure
Civil Procedure Contract Law Setting Aside Default Judgment Freezing Orders Variation of Court Orders Asset Realisation Appeal Procedure

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Parties

Lloyds Investment (Scandinavia) Limited

Claimant

Christen Ager-Hanssen

Defendant

Procedural Posture

Civil / Application to Vary/revoke Order and Stay Execution of Judgment

Legal Issues

  1. 1 Whether the court should vary or revoke the order requiring payment into court as a condition for defending the action
  2. 2 Whether the existence of freezing orders over the defendant's assets justifies variation of the order
  3. 3 Whether the original order was made on a materially incorrect factual basis

Ratio Decidendi

The application to vary or revoke the order fails because the grounds relied upon were available at the time of the original hearing but not raised, and there is no material change of circumstances or evidence that the judge was misled. The proper course is to seek permission to appeal out of time, not to re-argue before the same court.

Court Disposition

Application dismissed

Orders

  • Application to vary or revoke the order of the Deputy Judge is dismissed