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

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

Service of the Order on Gil Wojakowski at Fieldfisher's business address was valid as his Notice of Change failed to provide a UK address for service; Gil breached the Order deliberately and is in contempt, warranting a custodial sentence.

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
20 March 2025
Procedural Posture
Contempt Application / Judgment on Committal for Contempt
Outcome
Order of 10 April 2024 was duly served; Gil Wojakowski found in contempt; custodial sentence of 12 months imprisonment imposed, suspended for 28 days to allow compliance.
Legal Topics
Service of Process, Contempt of Court, Bankers Trust Orders, Jurisdiction, Address for Service, Trustee Duties

Case Brief

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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

Contempt Application / Judgment on Committal for Contempt

  1. 1 Was service of the Order on Gil Wojakowski valid under CPR rules?
  2. 2 Did Gil Wojakowski breach the Order and commit contempt?
  3. 3 What is the appropriate sanction for contempt?

Ratio Decidendi

Service of the Order on Gil Wojakowski at Fieldfisher's business address was valid as his Notice of Change failed to provide a UK address for service; Gil breached the Order deliberately and is in contempt, warranting a custodial sentence.

Court Disposition

Order of 10 April 2024 was duly served; Gil Wojakowski found in contempt; custodial sentence of 12 months imprisonment imposed, suspended for 28 days to allow compliance.

Orders

  • Declaration that Order of 10 April 2024 was duly served.
  • Declaration that Gil Wojakowski is in contempt of court.