JSC BTA Bank v Ablyazov & 16 Ors

JSC BTA Bank v Ablyazov & 16 Ors

It is just and appropriate to order a trial of the competing claims as to beneficial ownership of the Dregon Land shares, and the court has jurisdiction to do so; the applicants' request to amend the Receivership and Freezing Orders is dismissed.

Parties
Claimant: JSC BTA Bank; Defendants: Ablyazov & 16 others; Applicant: Lapointec Ventures Limited; Applicant: Limia Holdings Limited; Applicant: Dregon Land Limited
Jurisdiction
England and Wales
Judgment Date
02 July 2013
Procedural Posture
Commercial / Interlocutory Application
Outcome
application dismissed
Legal Topics
Freezing Orders, Receivership, Beneficial Ownership, Asset Tracing, Chabra Orders

Case Brief

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Parties

JSC BTA Bank

Claimant

Ablyazov & 16 others

Defendants

Lapointec Ventures Limited

Applicant

Limia Holdings Limited

Applicant

Dregon Land Limited

Applicant

Procedural Posture

Commercial / Interlocutory Application

  1. 1 Whether the Receivership and Freezing Orders should be amended to exclude Dregon Land shares
  2. 2 Whether Lapointec and Limia are the beneficial owners of Dregon Land shares
  3. 3 Whether the court has jurisdiction to make a Chabra order against the applicants

Ratio Decidendi

It is just and appropriate to order a trial of the competing claims as to beneficial ownership of the Dregon Land shares, and the court has jurisdiction to do so; the applicants' request to amend the Receivership and Freezing Orders is dismissed.

Court Disposition

application dismissed

Orders

  • Trial ordered to determine beneficial ownership of Dregon Land shares
  • Receivership and Freezing Orders remain in force over Dregon Land shares