Deutsche Bank AG v Sebastian Holdings Inc & Anor

Deutsche Bank AG v Sebastian Holdings Inc & Anor

The application to set aside the CPR Part 71 order fails because the order was properly made to assist enforcement of the judgment against SHI, Mr Vik was sufficiently connected to SHI and the assets in question, and the circumstances justified the exercise of jurisdiction. There was no collateral purpose, the documents sought were relevant, and there was no lack of full and frank disclosure. However, the timing of the examination is varied to December 2015 due to the burden on Mr Vik and his legal team, but the date for production of documents remains unchanged.

Parties
Claimant: Deutsche Bank AG; Defendant: Sebastian Holdings Inc; Defendant for Costs Purposes Only/applicant: Alexander Vik
Jurisdiction
England and Wales
Judgment Date
07 October 2015
Procedural Posture
Application to Set Aside or Vary Order / Post Judgment, Enforcement Proceedings
Outcome
Application to set aside order refused; order varied as to timing of examination only; costs awarded against applicant at 90%.
Legal Topics
CPR Part 71, Examination of Judgment Debtor, Jurisdiction Over Non Residents, Collateral Purpose, Variation of Orders
Civil Procedure Enforcement of Judgments CPR Part 71 Examination of Judgment Debtor Jurisdiction Over Non Residents Collateral Purpose Variation of Orders

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Parties

Deutsche Bank AG

Claimant

Sebastian Holdings Inc

Defendant

Alexander Vik

Defendant for Costs Purposes Only/applicant

Procedural Posture

Application to Set Aside or Vary Order / Post Judgment, Enforcement Proceedings

Legal Issues

  1. 1 Whether the CPR Part 71 order against Mr Vik should be set aside or varied
  2. 2 Whether the order was exorbitant or unjustified due to lack of exceptional circumstances
  3. 3 Whether the order was sought for a collateral purpose

Ratio Decidendi

The application to set aside the CPR Part 71 order fails because the order was properly made to assist enforcement of the judgment against SHI, Mr Vik was sufficiently connected to SHI and the assets in question, and the circumstances justified the exercise of jurisdiction. There was no collateral purpose, the documents sought were relevant, and there was no lack of full and frank disclosure. However, the timing of the examination is varied to December 2015 due to the burden on Mr Vik and his legal team, but the date for production of documents remains unchanged.

Court Disposition

Application to set aside order refused; order varied as to timing of examination only; costs awarded against applicant at 90%.

Orders

  • Order of Teare J under CPR Part 71 not set aside.
  • Examination of Mr Vik postponed to December 2015 (date to be fixed).