Integral Petroleum SA & Ors v Dun & Ors [2022] EWHC 659 (Comm) (24 March 2022)

Integral Petroleum SA & Ors v Dun & Ors [2022] EWHC 659 (Comm) (24 March 2022)

The court finds that there are genuine factual disputes regarding whether an oral agreement to extend payment terms was reached and the context of communications between the parties. The credibility of witnesses and interpretation of evidence, including WhatsApp messages and meetings, cannot be resolved at this stage. The Claimants' defences are not fanciful and require fuller investigation at trial. Summary judgment is refused.

Citation
[2022] EWHC 659 (Comm)
Parties
Claimant: Integral Petroleum S. A.; Claimant: Mr Murat Seitnepesov; Claimant: Etoile Energy Ltd; Claimant: Berec Group Ltd; Claimant: Broadex Trading Ltd; Claimant: Ajap Trading LLP; Applicant/first Defendant: Bank GPB International S. A.; Defendant: Ivan Dun; Defendant: Vadim Linchevsky; Defendant: Oleg Predtechensky
Jurisdiction
England and Wales
Judgment Date
24 March 2022
Procedural Posture
Commercial Court Summary Judgment Application / Summary Judgment Application on Counterclaim
Outcome
Summary judgment refused; matter to proceed to trial.
Legal Topics
Summary Judgment, Facility Agreement, Debt Restructuring, Guarantees, Set Off, Prevention Principle, Default, Oral Agreements
Commercial Law Banking Law Contract Law Summary Judgment Facility Agreement Debt Restructuring Guarantees Set Off +3 more

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Parties

Integral Petroleum S. A.

Claimant

Mr Murat Seitnepesov

Claimant

Etoile Energy Ltd

Claimant

Berec Group Ltd

Claimant

Broadex Trading Ltd

Claimant

Ajap Trading LLP

Claimant

Bank GPB International S. A.

Applicant/first Defendant

Ivan Dun

Defendant

Vadim Linchevsky

Defendant

Oleg Predtechensky

Defendant

Procedural Posture

Commercial Court Summary Judgment Application / Summary Judgment Application on Counterclaim

Legal Issues

  1. 1 Whether an oral agreement to extend payment terms was reached between Bank GPB and Integral Petroleum S.A.
  2. 2 Whether the Claimants have a realistic prospect of defending the Bank's counterclaim for repayment under the Facility Agreement and guarantees
  3. 3 Whether set-off and prevention principle arguments bar the Bank's counterclaim

Ratio Decidendi

The court finds that there are genuine factual disputes regarding whether an oral agreement to extend payment terms was reached and the context of communications between the parties. The credibility of witnesses and interpretation of evidence, including WhatsApp messages and meetings, cannot be resolved at this stage. The Claimants' defences are not fanciful and require fuller investigation at trial. Summary judgment is refused.

Court Disposition

Summary judgment refused; matter to proceed to trial.