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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Was service of the Order on Gil Wojakowski valid under CPR rules?
- 2 Did Gil Wojakowski breach the Order and commit contempt?
- 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.
Full Case Text
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