NRC Holding Ltd v Danilitskiy & Anor [2017] EWHC 1431 (Ch) (20 June 2017)

NRC Holding Ltd v Danilitskiy & Anor [2017] EWHC 1431 (Ch) (20 June 2017)

Mr Danilitskiy acquired and retains the beneficial interest in the Property by way of a resulting trust, having provided the purchase monies and not having divested himself of that interest; the transfer of shares in Opal Stem to Ms Maltseva did not transfer the beneficial interest in the Property away from Mr Danilitskiy.

Citation
[2017] EWHC 1431 (Ch)
Parties
Applicant: NRC Holding Limited; First Defendant: Anatoly Antonovich Danilitskiy; Second Defendant: Abro Financial Services Limited; Third Defendant: Kolfor Trading Limited; Fourth Respondent: Opal Stem (Fourth Respondent)
Jurisdiction
England and Wales
Judgment Date
20 June 2017
Procedural Posture
Application for Final Charging Order / Judgment After Contested Hearing on Final Charging Order
Outcome
Application granted; interim charging order made final.
Legal Topics
Resulting Trusts, Beneficial Ownership, Charging Orders, Enforcement of Judgments, Adverse Inferences, Corporate Veil
Equity and Trusts Civil Procedure Property Law Resulting Trusts Beneficial Ownership Charging Orders Enforcement of Judgments Adverse Inferences +1 more

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Parties

NRC Holding Limited

Applicant

Anatoly Antonovich Danilitskiy

First Defendant

Abro Financial Services Limited

Second Defendant

Kolfor Trading Limited

Third Defendant

Opal Stem (Fourth Respondent)

Fourth Respondent

Procedural Posture

Application for Final Charging Order / Judgment After Contested Hearing on Final Charging Order

Legal Issues

  1. 1 Whether Mr Danilitskiy is the beneficial owner of the property at 3 Holly Lodge, London W8
  2. 2 Whether NRC is entitled to a final charging order over the property

Ratio Decidendi

Mr Danilitskiy acquired and retains the beneficial interest in the Property by way of a resulting trust, having provided the purchase monies and not having divested himself of that interest; the transfer of shares in Opal Stem to Ms Maltseva did not transfer the beneficial interest in the Property away from Mr Danilitskiy.

Court Disposition

Application granted; interim charging order made final.

Orders

  • The interim charging order made by Master Teverson in respect of the Property at 3 Holly Lodge, London W8 is made final.