The Republic of Angola & Anor v Perfectbit Ltd & Ors

The Republic of Angola & Anor v Perfectbit Ltd & Ors

England is the clearly appropriate forum for trial due to ongoing proceedings against multiple defendants, risk of inconsistent judgments, and strong connecting factors to England. There was no material non-disclosure by the Claimants; all relevant facts were disclosed or immaterial. There is a strong prima facie case of fraud and a real risk of dissipation justifying continuation of the freezing and proprietary injunctions. Applications to discharge the injunctions, challenge jurisdiction, or stay proceedings are dismissed.

Parties
Claimant: The Republic of Angola (acting by and through the Ministry of Finance of Angola); Claimant: Banco Nacional de Angola; Defendant: Perfectbit Limited; Defendant: Mais Financial Services SA; Defendant: MFS & Resource Project Partnership Limited; Defendant: Resource Conversion PLC; Defendant: Samuel Barbosa de Cunha; Defendant: Hugo Anthonie Folke Godfried Reinier Onderwater; Defendant: Jorge Gaudens Pontes Sebastiao; Defendant: Kerfala Soumah
Jurisdiction
England and Wales
Judgment Date
26 April 2018
Procedural Posture
Commercial Fraud / Civil Claim / Interlocutory Application (return Date Hearing on Freezing and Proprietary Injunctions, Jurisdictional Challenge, and Related Applications)
Outcome
Applications to discharge or vary the freezing and proprietary injunctions, to challenge jurisdiction, and for a case management stay are all dismissed. The injunctions continue to trial or further order.
Legal Topics
Freezing Injunctions, Proprietary Injunctions, Jurisdictional Challenge, Full and Frank Disclosure, Risk of Dissipation, Applicable Law (rome Ii), Conspiracy, Restitution, Asset Tracing
Civil Procedure Commercial Law Fraud Conflict of Laws Freezing Injunctions Proprietary Injunctions Jurisdictional Challenge Full and Frank Disclosure +5 more

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Parties

The Republic of Angola (acting by and through the Ministry of Finance of Angola)

Claimant

Banco Nacional de Angola

Claimant

Perfectbit Limited

Defendant

Mais Financial Services SA

Defendant

MFS & Resource Project Partnership Limited

Defendant

Resource Conversion PLC

Defendant

Samuel Barbosa de Cunha

Defendant

Hugo Anthonie Folke Godfried Reinier Onderwater

Defendant

Jorge Gaudens Pontes Sebastiao

Defendant

Kerfala Soumah

Defendant

Procedural Posture

Commercial Fraud / Civil Claim / Interlocutory Application (return Date Hearing on Freezing and Proprietary Injunctions, Jurisdictional Challenge, and Related Applications)

Legal Issues

  1. 1 Whether the English court has jurisdiction over Mais Financial Services SA and Dr Pontes Sebastiao
  2. 2 Whether the freezing and proprietary injunctions should be discharged for alleged non-disclosure or lack of risk of dissipation
  3. 3 Whether there was material non-disclosure by the Claimants on the without notice application

Ratio Decidendi

England is the clearly appropriate forum for trial due to ongoing proceedings against multiple defendants, risk of inconsistent judgments, and strong connecting factors to England. There was no material non-disclosure by the Claimants; all relevant facts were disclosed or immaterial. There is a strong prima facie case of fraud and a real risk of dissipation justifying continuation of the freezing and proprietary injunctions. Applications to discharge the injunctions, challenge jurisdiction, or stay proceedings are dismissed.

Court Disposition

Applications to discharge or vary the freezing and proprietary injunctions, to challenge jurisdiction, and for a case management stay are all dismissed. The injunctions continue to trial or further order.

Orders

  • Continuation of worldwide freezing and proprietary injunctions against the relevant defendants
  • Dismissal of Mais and Dr Pontes' jurisdictional challenge