Moke International Ltd & Anor v Ming International Holdings Ltd & Ors [2019] EWHC 174 (Ch) (24 January 2019)

Moke International Ltd & Anor v Ming International Holdings Ltd & Ors [2019] EWHC 174 (Ch) (24 January 2019)

The court has the power and it is appropriate to appoint a Master to execute share transfers where defendants have failed to comply with a mandatory order, as all statutory and procedural requirements are satisfied and no valid opposition has been raised.

Citation
[2019] EWHC 174 (Ch)
Parties
Claimant: Moke International Ltd; Claimant: Caraibcar S. A. R. L; Defendant: Ming International Holdings Ltd; Defendant: Gunther Schmalz; Defendant: Natalie Jones
Jurisdiction
England and Wales
Judgment Date
24 January 2019
Procedural Posture
Civil (chancery Division, Business List) / Post Default Judgment Enforcement Application
Outcome
Application granted
Legal Topics
Default Judgment, Enforcement of Court Orders, Share Transfer, Appointment of Person to Act in Default
Civil Procedure Company Law Default Judgment Enforcement of Court Orders Share Transfer Appointment of Person to Act in Default

Case Brief

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Parties

Moke International Ltd

Claimant

Caraibcar S. A. R. L

Claimant

Ming International Holdings Ltd

Defendant

Gunther Schmalz

Defendant

Natalie Jones

Defendant

Procedural Posture

Civil (chancery Division, Business List) / Post Default Judgment Enforcement Application

Legal Issues

  1. 1 Whether the court should appoint a person to execute share transfers in place of non-compliant defendants
  2. 2 Whether the conditions for such appointment under s.39 Senior Courts Act 1981 and CPR r.70.2A are met

Ratio Decidendi

The court has the power and it is appropriate to appoint a Master to execute share transfers where defendants have failed to comply with a mandatory order, as all statutory and procedural requirements are satisfied and no valid opposition has been raised.

Court Disposition

Application granted

Orders

  • A named Master of the Chancery Division is appointed to sign the necessary share transfer documents on behalf of the second and third defendants by a specified date.
  • Second and third defendants to pay the claimants' costs.