Koza Ltd & Anor v Akcil & Ors

Koza Ltd & Anor v Akcil & Ors

Koza Limited is not permitted to pay Mr Ipek's legal fees for resisting extradition because such payment is not in the ordinary and proper course of the company's business, is not for the company's benefit, and Mr Ipek has sufficient personal resources to fund his own defence.

Parties
Claimant/respondent: Koza Ltd; Claimant: Hamdi Akin Ipek; Defendant/applicant: Mustafa Akcil; Defendant: Hayrullah Dagistan; Defendant: Mahmut Hikmet Keles; Defendant: Hamza Yanik; Defendant: Arif Yalcin; Defendant: Koza Altin Istelmeleri AS
Jurisdiction
England and Wales
Judgment Date
19 June 2018
Procedural Posture
Company/commercial Litigation / Interlocutory Application Ruling
Outcome
Application refused
Legal Topics
Freezing Orders, Directors' Duties, Legal Costs, Extradition, Interim Relief
Company Law Civil Procedure Freezing Orders Directors' Duties Legal Costs Extradition Interim Relief

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Parties

Koza Ltd

Claimant/respondent

Hamdi Akin Ipek

Claimant

Mustafa Akcil

Defendant/applicant

Hayrullah Dagistan

Defendant

Mahmut Hikmet Keles

Defendant

Hamza Yanik

Defendant

Arif Yalcin

Defendant

Koza Altin Istelmeleri AS

Defendant

Procedural Posture

Company/commercial Litigation / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether Koza Limited can pay Mr Ipek's legal fees for resisting extradition under the terms of an existing court order and undertakings
  2. 2 Whether such payment is in the ordinary and proper course of the company's business or for the company's benefit

Ratio Decidendi

Koza Limited is not permitted to pay Mr Ipek's legal fees for resisting extradition because such payment is not in the ordinary and proper course of the company's business, is not for the company's benefit, and Mr Ipek has sufficient personal resources to fund his own defence.

Court Disposition

Application refused

Orders

  • Koza Limited is not permitted to pay Mr Ipek's legal fees for resisting extradition.