North Shore Ventures Ltd v Anstead Holdings Inc

North Shore Ventures Ltd v Anstead Holdings Inc

In the particular circumstances, the judge was entitled to find that the appellants had practical control over the trust documents due to their orchestrated relationship with the trustees, justifying the production order under CPR 71.2 and CPR 31.8.

Source-derived case information.

Parties
Applicant: North Shore Ventures Limited; Respondent: Anstead Holdings Inc; Appellant: Mr Fomichev; Appellant: Mr Peganov
Jurisdiction
England and Wales
Judgment Date
18 January 2012
Procedural Posture
Civil Appeal / Appeal From High Court Order
Outcome
appeal dismissed
Legal Topics
Disclosure of Documents, Control of Documents, Trust Beneficiary Rights, Freezing Orders
Civil Procedure Trusts Enforcement of Judgments Disclosure of Documents Control of Documents Trust Beneficiary Rights Freezing Orders

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

North Shore Ventures Limited

Applicant

Anstead Holdings Inc

Respondent

Mr Fomichev

Appellant

Mr Peganov

Appellant

Procedural Posture

Civil Appeal / Appeal From High Court Order

Legal Issues

  1. 1 Whether the appellants had 'control' over trust documents for purposes of CPR 71.2 and CPR 31.8
  2. 2 Whether the judge had jurisdiction to order production of trust documents not in appellants' physical possession
  3. 3 Whether the relationship between appellants and trustees justified treating documents as within appellants' control

Ratio Decidendi

In the particular circumstances, the judge was entitled to find that the appellants had practical control over the trust documents due to their orchestrated relationship with the trustees, justifying the production order under CPR 71.2 and CPR 31.8.

Court Disposition

appeal dismissed

Orders

  • Production order for trust documents upheld against appellants
  • Appellants may revisit compliance with further evidence if necessary