Palesa SARL & Ors v Bochicchio & Anor

Palesa SARL & Ors v Bochicchio & Anor

The claimants established a good arguable case for the sums claimed under the settlement deeds, there is solid evidence of a real risk of dissipation of assets by the defendants, and it is just and convenient to grant the worldwide freezing order sought.

Parties
Claimant: PALESA SARL; Claimant: SUPERB SPORT LIMITED; Claimant: MR ANTONIO CONTE; Claimant: MRS CATERINA CARMI; Claimant: MR RICCARDO RIZZARDI; Claimant: MR ANTONIO MASSIMINO; Claimant: MS MARIA AZZURRA MASSIMINO; Claimant: MRS PATRIZIA BACCI; Defendant: MR MASSIMO BOCHICCHIO; Defendant: KIDMAN ASSET MANAGEMENT LTD
Jurisdiction
England and Wales
Judgment Date
17 July 2020
Procedural Posture
Commercial Court Application / Application for Worldwide Freezing Order
Outcome
Worldwide freezing order granted
Legal Topics
Freezing Injunctions, Settlement Agreements, Fraud, Asset Dissipation
Civil Procedure Commercial Law Freezing Injunctions Settlement Agreements Fraud Asset Dissipation

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Parties

PALESA SARL

Claimant

SUPERB SPORT LIMITED

Claimant

MR ANTONIO CONTE

Claimant

MRS CATERINA CARMI

Claimant

MR RICCARDO RIZZARDI

Claimant

MR ANTONIO MASSIMINO

Claimant

MS MARIA AZZURRA MASSIMINO

Claimant

MRS PATRIZIA BACCI

Claimant

MR MASSIMO BOCHICCHIO

Defendant

KIDMAN ASSET MANAGEMENT LTD

Defendant

Procedural Posture

Commercial Court Application / Application for Worldwide Freezing Order

Legal Issues

  1. 1 Whether the claimants are entitled to a worldwide freezing order against the defendants
  2. 2 Whether there is a good arguable case on the merits
  3. 3 Whether there is a real risk of unjustified dissipation of assets

Ratio Decidendi

The claimants established a good arguable case for the sums claimed under the settlement deeds, there is solid evidence of a real risk of dissipation of assets by the defendants, and it is just and convenient to grant the worldwide freezing order sought.

Court Disposition

Worldwide freezing order granted

Orders

  • Worldwide freezing order against the defendants
  • Ancillary relief as sought by the claimants