Tonstate Group Ltd & Ors v Wojakovski & Ors

Tonstate Group Ltd & Ors v Wojakovski & Ors

Mr Wojakovski failed to provide sufficient, credible evidence of his inability to pay the costs order or to raise funds from other sources, and his procedural defaults and ongoing breaches of court orders support the making of a debarring order. However, the order should not apply to the Shares Claim, and should be made on an 'unless' basis, giving him 14 days to pay.

Parties
Claimant: Tonstate Group Limited; Claimant: Tonstate Edinburgh Limited; Claimant: Dan-Ton Investments Limited; Claimant: Arthur Matyas; Defendant: Edward Wojakovski; Defendant: TH Holdings Limited; Defendant: Tonstate Metropole Hotels Limited; Defendant: Summerhill Cardiff Limited; Defendant: Tonstate (Bournemouth) Limited; Defendant: Tonstate (Retail) Limited; Defendant: Tonstate (St Andrew’s Square) Limited; Defendant: Tonstate (Staple Inn) Limited; Defendant: Tonstate (Yeovil Leisure) Limited; Defendant: Glasgow Airport Hotel Holdings Limited; Defendant: Overseas Holdings Capital Group Limited; Defendant: Firststar Limited; Respondent: Renate Matyas; Respondent: Rachel Elizabeth Robertson; Respondent: Betchworth Consulting Limited; Respondent: Prakash Raithatha
Jurisdiction
England and Wales
Judgment Date
28 April 2020
Procedural Posture
Derivative Action, Unfair Prejudice Petition, Claim for Rescission of Share Transfers / Application for Debarring Order Following Non Payment of Costs
Outcome
Debarring order made on an 'unless' basis against Mr Wojakovski in the Main Action and Petition, not the Shares Claim.
Legal Topics
Debarring Orders, Non Payment of Costs, Derivative Actions, Unfair Prejudice, Disclosure Obligations
Civil Procedure Company Law Debarring Orders Non Payment of Costs Derivative Actions Unfair Prejudice Disclosure Obligations

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Parties

Tonstate Group Limited

Claimant

Tonstate Edinburgh Limited

Claimant

Dan-Ton Investments Limited

Claimant

Arthur Matyas

Claimant

Edward Wojakovski

Defendant

TH Holdings Limited

Defendant

Tonstate Metropole Hotels Limited

Defendant

Summerhill Cardiff Limited

Defendant

Tonstate (Bournemouth) Limited

Defendant

Tonstate (Retail) Limited

Defendant

Tonstate (St Andrew’s Square) Limited

Defendant

Tonstate (Staple Inn) Limited

Defendant

Tonstate (Yeovil Leisure) Limited

Defendant

Glasgow Airport Hotel Holdings Limited

Defendant

Overseas Holdings Capital Group Limited

Defendant

Firststar Limited

Defendant

Renate Matyas

Respondent

Rachel Elizabeth Robertson

Respondent

Betchworth Consulting Limited

Respondent

Prakash Raithatha

Respondent

Procedural Posture

Derivative Action, Unfair Prejudice Petition, Claim for Rescission of Share Transfers / Application for Debarring Order Following Non Payment of Costs

Legal Issues

  1. 1 Whether a debarring order should be made against Mr Wojakovski for non-payment of costs
  2. 2 Whether Mr Wojakovski has provided sufficient evidence of inability to pay
  3. 3 Whether the debarring order should apply to all actions or only some

Ratio Decidendi

Mr Wojakovski failed to provide sufficient, credible evidence of his inability to pay the costs order or to raise funds from other sources, and his procedural defaults and ongoing breaches of court orders support the making of a debarring order. However, the order should not apply to the Shares Claim, and should be made on an 'unless' basis, giving him 14 days to pay.

Court Disposition

Debarring order made on an 'unless' basis against Mr Wojakovski in the Main Action and Petition, not the Shares Claim.

Orders

  • Unless Mr Wojakovski pays the costs order within 14 days of the order, he shall be debarred from defending the Main Action (including Additional Claims) and the Petition.
  • No debarring order in respect of the Shares Claim.