Moke International Ltd & Anor v Ming International Holdings Ltd & Ors

Moke International Ltd & Anor v Ming International Holdings Ltd & Ors

The court has power under s.39 Senior Courts Act 1981 and CPR r.70.2A to appoint a person to execute share transfers where defendants have failed to comply with a mandatory order; defendants' communications do not constitute valid applications or substantive opposition.

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 / Post Judgment Application
Outcome
application granted
Legal Topics
Default Judgment, Share Transfer, Court Powers, Compliance With Court Orders
Civil Procedure Company Law Default Judgment Share Transfer Court Powers Compliance With Court Orders

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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 / Post Judgment Application

Legal Issues

  1. 1 Whether the court should appoint a person to execute share transfer documents due to non-compliance with a previous mandatory order
  2. 2 Whether the defendants' communications or alleged applications affect the compliance or validity of the previous order

Ratio Decidendi

The court has power under s.39 Senior Courts Act 1981 and CPR r.70.2A to appoint a person to execute share transfers where defendants have failed to comply with a mandatory order; defendants' communications do not constitute valid applications or substantive opposition.

Court Disposition

application granted

Orders

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