Cunico Resources NV & Ors v Daskalakis & Anor

Cunico Resources NV & Ors v Daskalakis & Anor

Permission to appeal the December Order is granted only conditionally, pending permission to appeal the January Order in the 2018 Claim, as there is no realistic prospect of success on the jurisdiction issue. Costs of the 2018 Claim are to be borne by Marketing, with specific sums assessed and ordered. In the 2017 Claim, Resources and Marketing are jointly and severally liable for the defendants’ costs, with Feni jointly liable only for costs relating to the Feni claims. No order as to costs between claimants. Interim payments and interest on costs are ordered as specified.

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
20 February 2019
Procedural Posture
Commercial / Post Judgment Consequential Matters
Outcome
Permission to appeal refused except as conditionally granted; costs orders made as specified; interim payments and interest ordered.
Legal Topics
Default Judgment, Relief From Sanctions, Jurisdiction Challenge, Costs Orders, Permission to Appeal
Civil Procedure Jurisdiction Employment Law Default Judgment Relief From Sanctions Jurisdiction Challenge Costs Orders Permission to Appeal

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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 / Post Judgment Consequential Matters

Legal Issues

  1. 1 Whether permission to appeal should be granted against orders dismissing default judgment and upholding jurisdiction challenge
  2. 2 Proper allocation of costs following dismissal of claims for want of jurisdiction
  3. 3 Entitlement and apportionment of costs among claimants and defendants, including intra-claimant indemnities

Ratio Decidendi

Permission to appeal the December Order is granted only conditionally, pending permission to appeal the January Order in the 2018 Claim, as there is no realistic prospect of success on the jurisdiction issue. Costs of the 2018 Claim are to be borne by Marketing, with specific sums assessed and ordered. In the 2017 Claim, Resources and Marketing are jointly and severally liable for the defendants’ costs, with Feni jointly liable only for costs relating to the Feni claims. No order as to costs between claimants. Interim payments and interest on costs are ordered as specified.

Court Disposition

Permission to appeal refused except as conditionally granted; costs orders made as specified; interim payments and interest ordered.

Orders

  • Marketing granted conditional permission to appeal the December Order, only if permission to appeal the January Order in the 2018 Claim is granted.
  • Marketing to pay defendants £37,115 in the 2018 Claim within 7 days.