Cunico Resources NV & Ors v Daskalakis & Anor

Cunico Resources NV & Ors v Daskalakis & Anor

Default judgment under CPR 12.3(1) cannot be entered where an acknowledgment of service, even if late, is filed before the application for default judgment and is not set aside; the application for default judgment is therefore dismissed. Relief from sanctions is granted to the limited extent of waiving CPR 11(2) to allow the defendant to challenge jurisdiction, but otherwise extension of time is refused.

Parties
Claimant: Cunico Resources NV; Claimant: Cunico Marketing FZE; Claimant: Feni Industries AD; Defendant: Konstantinos Daskalakis; Defendant: Arvind Mundhra
Jurisdiction
England and Wales
Judgment Date
07 December 2018
Procedural Posture
Commercial Claim / Ruling on Default Judgment Application and Extension of Time/relief From Sanctions
Outcome
Default judgment application dismissed; limited relief from sanctions granted to allow jurisdiction challenge; extension of time otherwise refused.
Legal Topics
Default Judgment, Extension of Time, Relief From Sanctions, Jurisdiction Challenge
Civil Procedure Default Judgment Extension of Time Relief From Sanctions Jurisdiction Challenge

Case Brief

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Parties

Cunico Resources NV

Claimant

Cunico Marketing FZE

Claimant

Feni Industries AD

Claimant

Konstantinos Daskalakis

Defendant

Arvind Mundhra

Defendant

Procedural Posture

Commercial Claim / Ruling on Default Judgment Application and Extension of Time/relief From Sanctions

Legal Issues

  1. 1 Whether default judgment can be entered under CPR 12.3(1) where an acknowledgment of service is filed late but before the application for default judgment
  2. 2 Whether the defendant is entitled to challenge jurisdiction after late acknowledgment of service
  3. 3 Whether extension of time or relief from sanctions should be granted for late acknowledgment of service

Ratio Decidendi

Default judgment under CPR 12.3(1) cannot be entered where an acknowledgment of service, even if late, is filed before the application for default judgment and is not set aside; the application for default judgment is therefore dismissed. Relief from sanctions is granted to the limited extent of waiving CPR 11(2) to allow the defendant to challenge jurisdiction, but otherwise extension of time is refused.

Court Disposition

Default judgment application dismissed; limited relief from sanctions granted to allow jurisdiction challenge; extension of time otherwise refused.

Orders

  • Default judgment application by Marketing in the 2018 Claim is dismissed.
  • Relief from sanctions is granted to waive CPR 11(2) so Mr Daskalakis may challenge jurisdiction in the 2018 Claim.