Aspinall's Club Ltd v Lim

Mr Lim materially breached the Murray Order by failing to confirm the ultimate source of funds used for legal fees and failing to disclose shareholdings exceeding £20,000; these breaches engaged the Unless Order, resulting in strike out of his Defence and entry of judgment for the claimant.

Parties: Claimant: Aspinall's Club Limited; Defendant: Han Joeh Lim
Jurisdiction: England and Wales
Judgment Date: 01 November 2019
Procedural Posture: Civil / Post Committal Application; Ruling on Compliance and Relief From Sanctions
Outcome: Defendant's application refused; Unless Order engaged; Defence struck out; judgment entered for claimant.
Legal Topics: Freezing Orders, Disclosure Obligations, Relief From Sanctions, Unless Orders, Asset Recovery

Civil Procedure Contempt of Court Injunctions Freezing Orders Disclosure Obligations Relief From Sanctions Unless Orders Asset Recovery

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Parties

Aspinall's Club Limited

Claimant

Han Joeh Lim

Defendant

Procedural Posture

Civil / Post Committal Application; Ruling on Compliance and Relief From Sanctions

Legal Issues

1 Whether Mr Lim complied with the Murray Order, specifically para 3(d)(iii) and para 4 of Schedule 2
2 Whether Mr Lim is entitled to pay a reduced fine
3 Whether Mr Lim is entitled to relief from sanctions

Ratio Decidendi

Court Disposition

Defendant's application refused; Unless Order engaged; Defence struck out; judgment entered for claimant.

Orders

Mr Lim's Defence is struck out.
Judgment entered for Aspinall's Club Limited.