Tonstate Group Limited & Ors v Edward Wojakovski & Ors

Tonstate Group Limited & Ors v Edward Wojakovski & Ors

Exceptional circumstances exist justifying grant of rights of audience to Mr Marx for Edward Wojakovski due to the importance and complexity of the application and Edward's health; adjournment refused as urgency and lack of compliance outweigh reasons advanced; permission to serve out granted as requirements for section 423 claim are met.

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; Defendant: Gil Wojakovski; Defendant: Tuvia Lewkovicz
Jurisdiction
England and Wales
Judgment Date
21 June 2024
Procedural Posture
Civil Insolvency/asset Recovery / Interlocutory Application Ruling
Outcome
Application for lay rights of audience granted; application for adjournment refused; permission to serve out granted.
Legal Topics
Rights of Audience, Mc Kenzie Friend, Adjournment, Disclosure, Service Out of Jurisdiction, Section 423 Insolvency Act 1986
Insolvency Civil Procedure Asset Recovery Rights of Audience Mc Kenzie Friend Adjournment Disclosure Service Out of Jurisdiction +1 more

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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 Wojakovski

Defendant

Tuvia Lewkovicz

Defendant

Procedural Posture

Civil Insolvency/asset Recovery / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether a lay person (Mr Marx) should be granted rights of audience to speak for Mr Edward Wojakovski
  2. 2 Whether to grant a further adjournment of the disclosure application against Mr Edward Wojakovski
  3. 3 Whether to grant permission to serve out of the jurisdiction under section 423 Insolvency Act 1986

Ratio Decidendi

Exceptional circumstances exist justifying grant of rights of audience to Mr Marx for Edward Wojakovski due to the importance and complexity of the application and Edward's health; adjournment refused as urgency and lack of compliance outweigh reasons advanced; permission to serve out granted as requirements for section 423 claim are met.

Court Disposition

Application for lay rights of audience granted; application for adjournment refused; permission to serve out granted.

Orders

  • Mr Marx permitted to speak on behalf of Mr Edward Wojakovski for this application.
  • Edward Wojakovski's application for adjournment refused; disclosure application to proceed.