Tonstate Group Ltd & Ors v Wojakovski & Ors [2024] EWHC 975 (Ch) (26 April 2024)

Tonstate Group Ltd & Ors v Wojakovski & Ors [2024] EWHC 975 (Ch) (26 April 2024)

The English court has personal jurisdiction over Gil Wojakowski due to valid service at his registered address under s.1140 Companies Act 2006. There is sufficient connection with England to justify the exercise of subject matter jurisdiction for a Bankers Trust disclosure order, given Gil's involvement in relevant...

Source-derived case information.

Citation
[2024] EWHC 975 (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; Respondent: Gil Wojakowski
Jurisdiction
England and Wales
Judgment Date
26 April 2024
Procedural Posture
Application for Disclosure Order in Aid of Proprietary Claim / Post Judgment Enforcement
Outcome
Order granted against Gil Wojakowski for disclosure in aid of proprietary claim; application against Edward Wojakowski adjourned.
Legal Topics
Proprietary Claims, Disclosure Orders, Personal and Subject Matter Jurisdiction, Cross Border Enforcement, Tracing Misappropriated Assets
Civil Fraud Trusts and Estates Company Law International Jurisdiction Proprietary Claims Disclosure Orders Personal and Subject Matter Jurisdiction Cross Border Enforcement +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 Wojakowski

Respondent

Procedural Posture

Application for Disclosure Order in Aid of Proprietary Claim / Post Judgment Enforcement

Legal Issues

  1. 1 Does the English court have personal jurisdiction over Gil Wojakowski for the purposes of a disclosure order?
  2. 2 Is there subject matter jurisdiction to order disclosure of documents held abroad by a foreign trustee?
  3. 3 Should a Bankers Trust order be made against Gil Wojakowski to assist in tracing misappropriated assets?

Ratio Decidendi

The English court has personal jurisdiction over Gil Wojakowski due to valid service at his registered address under s.1140 Companies Act 2006. There is sufficient connection with England to justify the exercise of subject matter jurisdiction for a Bankers Trust disclosure order, given Gil's involvement in relevant transactions, assets located in England, and the established fraud. The order is proportionate and necessary to assist the claimants in tracing misappropriated assets.

Court Disposition

Order granted against Gil Wojakowski for disclosure in aid of proprietary claim; application against Edward Wojakowski adjourned.

Orders

  • Gil Wojakowski to disclose 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 regarding use of disclosed information and payment of compliance costs.