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

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

It is just and convenient to order Edward Wojakovski to provide, to the best of his knowledge, possession or control, information regarding assets of Maxima Corporate Holdings Limited and the Wojakowski Brothers Trust, and the source of funds used to purchase two London flats, as this information is necessary for the claimants to enforce their proprietary judgment and trace assets, and the order is limited to what Edward can reasonably provide without requiring him to assert beneficiary rights or undertake disproportionate efforts.

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
Jurisdiction
England and Wales
Judgment Date
22 May 2024
Procedural Posture
Civil Chancery Division / Post Judgment Enforcement Application
Outcome
Application granted in part; order for disclosure made against Edward Wojakovski; costs awarded to claimants.
Legal Topics
Enforcement of Judgments, Disclosure Orders, Tracing of Assets, Constructive Trusts, Breach of Fiduciary Duty
Civil Procedure Trusts and Equity Fraud Enforcement of Judgments Disclosure Orders Tracing of Assets Constructive Trusts Breach of Fiduciary Duty

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

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

Procedural Posture

Civil Chancery Division / Post Judgment Enforcement Application

Legal Issues

  1. 1 Whether the defendant should be ordered to provide information regarding assets held by Maxima Corporate Holdings Limited and the Wojakowski Brothers Trust
  2. 2 Whether the defendant is required to provide information about the source of funds used to purchase certain London properties
  3. 3 Whether the order sought is consistent with previous findings and orders in the case

Ratio Decidendi

It is just and convenient to order Edward Wojakovski to provide, to the best of his knowledge, possession or control, information regarding assets of Maxima Corporate Holdings Limited and the Wojakowski Brothers Trust, and the source of funds used to purchase two London flats, as this information is necessary for the claimants to enforce their proprietary judgment and trace assets, and the order is limited to what Edward can reasonably provide without requiring him to assert beneficiary rights or undertake disproportionate efforts.

Court Disposition

Application granted in part; order for disclosure made against Edward Wojakovski; costs awarded to claimants.

Orders

  • Edward Wojakovski's application for adjournment refused.
  • Edward Wojakovski to provide a witness statement by 4pm on 3 July 2024 containing or exhibiting information regarding assets of Maxima Corporate Holdings Limited and the Wojakowski Brothers Trust, and the source of funds used to purchase Flat 29c The Burroughs London NW4 4NT and Flat 1, 101 Station Road, London, NW4...