Scenna & Anor v Persons Unknown Using the Identity "Nancy Chen" & Ors [2023] EWHC 799 (Ch) (05 April 2023)

Scenna & Anor v Persons Unknown Using the Identity "Nancy Chen" & Ors [2023] EWHC 799 (Ch) (05 April 2023)

Disclosure orders against the foreign banks were discharged because compliance would breach Australian law, equivalent relief was available in Australia, and no exceptional circumstances justified English court intervention. The English court lacked jurisdiction over substantive claims against the banks as there was no serious issue to be tried and England was not the most appropriate forum. Worldwide freezing orders against Defendants 1-6 were continued due to lack of engagement and ongoing satisfaction of requirements.

Citation
[2023] EWHC 799 (Ch)
Parties
Claimant: Daniel Carlos Scenna; Claimant: Host Growth Inc; Defendant: Persons Unknown using the identity 'Nancy Chen'; Defendant: Persons Unknown using the identity 'Vera'; Defendant: Pion Market Ltd; Defendant: QS Trading Ltd; Defendant: Win FY Pty Ltd; Defendant: Teco Industrial Pty Ltd; Defendant: Australia and New Zealand Banking Group Ltd; Defendant: Westpac Banking Corporation; Defendant: Dah Sing Bank Ltd
Jurisdiction
England and Wales
Judgment Date
05 April 2023
Procedural Posture
Civil Fraud / Interim Relief / Post Interim Relief Applications; Hearing of Continuation, Disclosure, Jurisdiction, and Costs Applications
Outcome
Worldwide freezing orders continued against Defendants 1-6; disclosure orders against foreign banks discharged; permission to serve out and service of claim form on banks set aside; Claimants to pay costs of withdrawn application.
Legal Topics
Worldwide Freezing Orders, Disclosure Orders (bankers Trust), Jurisdictional Challenge, Costs, Constructive Trust, Knowing Receipt, Unjust Enrichment
Civil Procedure Banking Law Private International Law Fraud Worldwide Freezing Orders Disclosure Orders (bankers Trust) Jurisdictional Challenge Costs +3 more

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Parties

Daniel Carlos Scenna

Claimant

Host Growth Inc

Claimant

Persons Unknown using the identity 'Nancy Chen'

Defendant

Persons Unknown using the identity 'Vera'

Defendant

Pion Market Ltd

Defendant

QS Trading Ltd

Defendant

Win FY Pty Ltd

Defendant

Teco Industrial Pty Ltd

Defendant

Australia and New Zealand Banking Group Ltd

Defendant

Westpac Banking Corporation

Defendant

Dah Sing Bank Ltd

Defendant

Procedural Posture

Civil Fraud / Interim Relief / Post Interim Relief Applications; Hearing of Continuation, Disclosure, Jurisdiction, and Costs Applications

Legal Issues

  1. 1 Whether to continue worldwide freezing orders against Defendants 1-6
  2. 2 Whether to discharge disclosure orders against foreign banks (Defendants 7-9)
  3. 3 Whether English court has jurisdiction over claims against foreign banks

Ratio Decidendi

Disclosure orders against the foreign banks were discharged because compliance would breach Australian law, equivalent relief was available in Australia, and no exceptional circumstances justified English court intervention. The English court lacked jurisdiction over substantive claims against the banks as there was no serious issue to be tried and England was not the most appropriate forum. Worldwide freezing orders against Defendants 1-6 were continued due to lack of engagement and ongoing satisfaction of requirements.

Court Disposition

Worldwide freezing orders continued against Defendants 1-6; disclosure orders against foreign banks discharged; permission to serve out and service of claim form on banks set aside; Claimants to pay costs of withdrawn application.

Orders

  • Continuation of worldwide freezing orders against Defendants 1-6
  • Discharge of disclosure orders against Defendants 7-9