Daniel Carlos Scenna & Anor v Persons Unknown using the identity “Nancy Chen” & Ors

Daniel Carlos Scenna & Anor v Persons Unknown using the identity “Nancy Chen” & Ors

Disclosure orders against foreign banks should only be granted in exceptional circumstances due to risk of breach of local law; no serious issue for trial exists against the banks, and England is not clearly the most appropriate forum; freezing orders against Defendants 1-6 are continued; costs awarded to banks for withdrawn application.

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 / Ruling on Continuation of Freezing Orders, Disclosure Orders, Jurisdiction, and Costs
Outcome
Freezing orders continued against Defendants 1-6; disclosure orders against Banks discharged; service of Claim Form on Banks set aside; Claimants to pay Banks' costs for withdrawn application.
Legal Topics
Worldwide Freezing Orders, Bankers Trust Disclosure Orders, Jurisdiction, Costs, Constructive Trust, Knowing Receipt, Unjust Enrichment
Civil Procedure Fraud Banking Law Conflict of Laws Worldwide Freezing Orders Bankers Trust Disclosure Orders Jurisdiction 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 / Ruling on Continuation of Freezing Orders, Disclosure Orders, Jurisdiction, and Costs

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 foreign banks should only be granted in exceptional circumstances due to risk of breach of local law; no serious issue for trial exists against the banks, and England is not clearly the most appropriate forum; freezing orders against Defendants 1-6 are continued; costs awarded to banks for withdrawn application.

Court Disposition

Freezing orders continued against Defendants 1-6; disclosure orders against Banks discharged; service of Claim Form on Banks set aside; Claimants to pay Banks' costs for withdrawn application.

Orders

  • Worldwide freezing orders continued against Defendants 1-6
  • Disclosure orders against Defendants 7-9 discharged