Tonstate Group Limited (in liquidation) & Ors v Edward Wojakovski & Ors

Tonstate Group Limited (in liquidation) & Ors v Edward Wojakovski & Ors

The court has both personal and subject matter jurisdiction to make a Bankers Trust order against Gil Wojakowski, given his connections to England, his involvement in structures and representations relating to the Extractions, and the presence of relevant assets and documents within the jurisdiction. The order is justified to enable the Claimants to trace and recover misappropriated assets, and the terms of the order are proportionate given the lack of cooperation and transparency from Edward Wojakowski.

Parties
Claimant: Tonstate Group Limited (in liquidation); Claimant: Tonstate Edinburgh Limited (in liquidation); Claimant: Dan-Ton Investments Limited (in liquidation); Claimant: Arthur Matyas; Defendant: Edward Wojakovski; Respondent: Gil Wojakowski
Jurisdiction
England and Wales
Judgment Date
26 April 2024
Procedural Posture
Civil Proprietary Claim/disclosure Application / Post Judgment Application for Disclosure Order
Outcome
Disclosure order granted against Gil Wojakowski; application against Edward Wojakowski adjourned.
Legal Topics
Bankers Trust Orders, Disclosure Against Third Parties, Jurisdiction (personal and Subject Matter), Tracing of Misappropriated Assets
Civil Procedure Trusts and Estates Fraud/asset Recovery Bankers Trust Orders Disclosure Against Third Parties Jurisdiction (personal and Subject Matter) Tracing of Misappropriated Assets

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Parties

Tonstate Group Limited (in liquidation)

Claimant

Tonstate Edinburgh Limited (in liquidation)

Claimant

Dan-Ton Investments Limited (in liquidation)

Claimant

Arthur Matyas

Claimant

Edward Wojakovski

Defendant

Gil Wojakowski

Respondent

Procedural Posture

Civil Proprietary Claim/disclosure Application / Post Judgment Application for Disclosure Order

Legal Issues

  1. 1 Whether the court has personal jurisdiction over Gil Wojakowski for the purposes of a disclosure order
  2. 2 Whether the court should exercise its discretion to make a Bankers Trust order against a foreign resident concerning documents held abroad
  3. 3 Whether there is sufficient connection with England to justify the order under internationally recognised principles of jurisdiction

Ratio Decidendi

The court has both personal and subject matter jurisdiction to make a Bankers Trust order against Gil Wojakowski, given his connections to England, his involvement in structures and representations relating to the Extractions, and the presence of relevant assets and documents within the jurisdiction. The order is justified to enable the Claimants to trace and recover misappropriated assets, and the terms of the order are proportionate given the lack of cooperation and transparency from Edward Wojakowski.

Court Disposition

Disclosure order granted against Gil Wojakowski; application against Edward Wojakowski adjourned.

Orders

  • Gil Wojakowski to provide information and documents relating to assets held in the Wojakowski Brothers Trust and bank accounts of Gideon Wojakowski, including a schedule of assets over £5,000 owned by Maxima Corporate Holdings Limited and copies of all bank statements for Maxima worldwide since 1 January 2000.
  • Claimants to provide undertakings as to use of disclosed information and payment of costs of compliance.