Lennox Lewis v Eliades

Lennox Lewis v Eliades

The application to discharge the injunction is dismissed because the claimant established a serious issue to be tried regarding the beneficial ownership of the assets, the balance of convenience favours maintaining the injunction, and the procedural defects (absence of undertaking in damages and liberty to apply) were remedied or not significant enough to warrant discharge.

Parties
Claimant: Lennox Lewis; Defendant: Managa Properties Limited
Jurisdiction
England and Wales
Judgment Date
08 July 2004
Procedural Posture
Application to Discharge Injunction / Interlocutory Application
Outcome
application to discharge injunction dismissed
Legal Topics
Injunctions, Beneficial Ownership, Nominee Arrangements, Material Non Disclosure, Undertaking in Damages
Civil Procedure Enforcement of Judgments Injunctive Relief Injunctions Beneficial Ownership Nominee Arrangements Material Non Disclosure Undertaking in Damages

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Parties

Lennox Lewis

Claimant

Managa Properties Limited

Defendant

Procedural Posture

Application to Discharge Injunction / Interlocutory Application

Legal Issues

  1. 1 Whether the injunction granted by Grigson J should be discharged for lack of evidence or material non-disclosure
  2. 2 Whether the claimant established a serious issue to be tried regarding beneficial ownership of assets held by Managa
  3. 3 Whether defects in the original order (absence of undertaking in damages, liberty to apply) justify discharge

Ratio Decidendi

The application to discharge the injunction is dismissed because the claimant established a serious issue to be tried regarding the beneficial ownership of the assets, the balance of convenience favours maintaining the injunction, and the procedural defects (absence of undertaking in damages and liberty to apply) were remedied or not significant enough to warrant discharge.

Court Disposition

application to discharge injunction dismissed

Orders

  • Injunction granted by Grigson J to remain in force
  • Application to discharge the order is dismissed