Tonstate Group Ltd & Ors v Wojakovski & Ors [2024] EWHC 1245 (Ch) (22 May 2024)

Tonstate Group Ltd & Ors v Wojakovski & Ors [2024] EWHC 1245 (Ch) (22 May 2024)

Edward Wojakovski is ordered to provide information within his knowledge, possession, or control regarding assets held by Maxima Corporate Holdings Limited and the Wojakowski Brothers Trust, and the origin of funds used to purchase specified London flats, as such information is necessary for enforcement of proprietary claims and is limited to what he can reasonably obtain; safeguards are included to prevent disproportionate burden and to clarify the scope of required disclosure.

Citation
[2024] EWHC 1245 (Ch)
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
Jurisdiction
England and Wales
Judgment Date
22 May 2024
Procedural Posture
Enforcement Proceedings / Post Judgment Application for Disclosure
Outcome
Order granted for disclosure; adjournment refused; costs awarded to claimants.
Legal Topics
Enforcement of Judgments, Proprietary Claims, Disclosure Orders, Breach of Fiduciary Duty, Knowing Receipt, Constructive Trust
Civil Procedure Company Law Trusts Fraud Enforcement of Judgments Proprietary Claims Disclosure Orders Breach of Fiduciary Duty +2 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

Procedural Posture

Enforcement Proceedings / Post Judgment Application for Disclosure

Legal Issues

  1. 1 Whether Edward Wojakovski should be ordered to provide information regarding assets held by Maxima Corporate Holdings Limited and the Wojakowski Brothers Trust
  2. 2 Whether Edward Wojakovski should disclose the origin of funds used to purchase two London flats
  3. 3 Whether the disclosure order is consistent with previous findings regarding Edward's control over trust assets

Ratio Decidendi

Edward Wojakovski is ordered to provide information within his knowledge, possession, or control regarding assets held by Maxima Corporate Holdings Limited and the Wojakowski Brothers Trust, and the origin of funds used to purchase specified London flats, as such information is necessary for enforcement of proprietary claims and is limited to what he can reasonably obtain; safeguards are included to prevent disproportionate burden and to clarify the scope of required disclosure.

Court Disposition

Order granted for disclosure; adjournment refused; costs awarded to claimants.

Orders

  • Edward Wojakovski to produce a witness statement by 4pm on 3 July 2024 containing/exhibiting information on assets over £5,000 held by Maxima Corporate Holdings Limited or the Wojakowski Brothers Trust, and origin of funds used to purchase Flat 29c The Burroughs London NW4 4NT and Flat 1, 101 Station Road, London...
  • Edward not required to assert beneficiary rights under the Trust to obtain information.