Tonstate Group Ltd & Ors v Wojakovski & Ors

Tonstate Group Ltd & Ors v Wojakovski & Ors

The stay on the judgment requiring payment of £12.9 million will not be extended beyond 31 March 2020 as insufficient grounds were provided; an injunction is granted restraining Mr Wojakovski from using extracted funds due to risk of dissipation and established entitlement, but no injunction is granted in favour of Mr Wojakovski against Mr Matyas due to lack of evidence and standing.

Parties
Claimant/respondent: Tonstate Group Ltd & Others; Defendant/petitioner: Edward Wojakovski & Others; Seventh Respondent: Mrs Rachel Robertson
Jurisdiction
England and Wales
Judgment Date
16 January 2020
Procedural Posture
Civil / Post Judgment Injunction and Stay Application
Outcome
Stay extension refused; injunction granted against Mr Wojakovski; injunction refused in favour of Mr Wojakovski.
Legal Topics
Post Judgment Enforcement, Injunctions, Stay of Execution, Unfair Prejudice, Dissipation of Assets
Company Law Insolvency Property Law Post Judgment Enforcement Injunctions Stay of Execution Unfair Prejudice Dissipation of Assets

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Parties

Tonstate Group Ltd & Others

Claimant/respondent

Edward Wojakovski & Others

Defendant/petitioner

Mrs Rachel Robertson

Seventh Respondent

Procedural Posture

Civil / Post Judgment Injunction and Stay Application

Legal Issues

  1. 1 Whether to extend the stay on the judgment requiring payment of £12.9 million
  2. 2 Whether to grant an injunction restraining use of extracted funds
  3. 3 Whether to grant an injunction in favour of Mr Wojakovski against Mr Matyas

Ratio Decidendi

The stay on the judgment requiring payment of £12.9 million will not be extended beyond 31 March 2020 as insufficient grounds were provided; an injunction is granted restraining Mr Wojakovski from using extracted funds due to risk of dissipation and established entitlement, but no injunction is granted in favour of Mr Wojakovski against Mr Matyas due to lack of evidence and standing.

Court Disposition

Stay extension refused; injunction granted against Mr Wojakovski; injunction refused in favour of Mr Wojakovski.

Orders

  • Stay on judgment not extended beyond 31 March 2020.
  • Injunction granted restraining Mr Wojakovski from using extracted funds or their proceeds.