Tonstate Group Ltd & Ors v Wojakovski & Ors

Tonstate Group Ltd & Ors v Wojakovski & Ors

Repeated failure by the defendant to comply with court orders, without reasonable justification, warrants a further extension of time on an unless basis, meaning the defence will be struck out if compliance is not achieved within four weeks.

Parties
Claimant: Tonstate Group Limited; Claimant: Tonstate Edinburgh Limited; Claimant: Dan-Ton Investments Limited; Claimant: Arthur Matyas; Defendant: Edward Wojakovski; Defendant: TH Holdings Limited; Defendant: Tonstate Metropole Hotels Limited; Defendant: Summerhill Cardiff Limited; Defendant: Tonstate (Bournemouth) Limited; Defendant: Tonstate (Retail) Limited; Defendant: Tonstate (St Andrew’s Square) Limited; Defendant: Tonstate (Staple Inn) Limited; Defendant: Tonstate (Yeovil Leisure) Limited; Defendant: Glasgow Airport Hotel Holdings Limited; Defendant: Overseas Holdings Capital Group Limited; Defendant: Firststar Limited; Respondent: Renate Matyas; Respondent: Rachel Elizabeth Robertson; Respondent: Betchworth Consulting Limited
Jurisdiction
England and Wales
Judgment Date
03 October 2019
Procedural Posture
Civil / Interlocutory Application for Unless Order and Extension of Time
Outcome
Extension of time granted for compliance with schedules, on an unless basis; defence to be struck out if not complied within four weeks; interim payment of costs ordered.
Legal Topics
Unless Orders, Extension of Time, Compliance With Court Orders, Costs Assessment
Civil Procedure Unless Orders Extension of Time Compliance With Court Orders Costs Assessment

Case Brief

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Parties

Tonstate Group Limited

Claimant

Tonstate Edinburgh Limited

Claimant

Dan-Ton Investments Limited

Claimant

Arthur Matyas

Claimant

Edward Wojakovski

Defendant

TH Holdings Limited

Defendant

Tonstate Metropole Hotels Limited

Defendant

Summerhill Cardiff Limited

Defendant

Tonstate (Bournemouth) Limited

Defendant

Tonstate (Retail) Limited

Defendant

Tonstate (St Andrew’s Square) Limited

Defendant

Tonstate (Staple Inn) Limited

Defendant

Tonstate (Yeovil Leisure) Limited

Defendant

Glasgow Airport Hotel Holdings Limited

Defendant

Overseas Holdings Capital Group Limited

Defendant

Firststar Limited

Defendant

Renate Matyas

Respondent

Rachel Elizabeth Robertson

Respondent

Betchworth Consulting Limited

Respondent

Procedural Posture

Civil / Interlocutory Application for Unless Order and Extension of Time

Legal Issues

  1. 1 Should the defendant be granted a further extension of time to comply with the court order for schedules?
  2. 2 Should the extension be granted on an unless basis?
  3. 3 What is the appropriate basis for costs assessment and interim payment?

Ratio Decidendi

Repeated failure by the defendant to comply with court orders, without reasonable justification, warrants a further extension of time on an unless basis, meaning the defence will be struck out if compliance is not achieved within four weeks.

Court Disposition

Extension of time granted for compliance with schedules, on an unless basis; defence to be struck out if not complied within four weeks; interim payment of costs ordered.

Orders

  • Defendant granted four weeks from 3rd October 2019 to comply with both schedules.
  • Unless compliance is achieved, the defence will be struck out.