Thomas & Anor (Joint Liquidators of GBI Investments Ltd) v Jakes & Anor
Respondents committed contempt by disposing of shares contrary to the First Order and by deliberately deceiving the court about their possession of shares; personal service requirements for prohibitory orders were satisfied as respondents had notice.
- Parties
- Applicant: Simon Robert Thomas; Applicant: Robert Harry Pick; Respondent: Boris Jakes; Respondent: Juraj Nestarec
- Jurisdiction
- England and Wales
- Judgment Date
- 09 March 2012
- Procedural Posture
- Committal Application / Judgment on Liability for Contempt
- Outcome
- Contempt proved against both respondents on two counts; penalty to be determined.
- Legal Topics
- Liquidation, Personal Service, Cross Border Insolvency, Committal for Contempt
Case Brief
Summary, issues, holding and outcome
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Parties
Simon Robert Thomas
Applicant
Robert Harry Pick
Applicant
Boris Jakes
Respondent
Juraj Nestarec
Respondent
Procedural Posture
Committal Application / Judgment on Liability for Contempt
Legal Issues
- 1 Whether respondents breached court orders by disposing of shares and deceiving the court
- 2 Whether personal service requirements were satisfied for committal
- 3 Whether respondents' conduct constituted contempt of court
Ratio Decidendi
Respondents committed contempt by disposing of shares contrary to the First Order and by deliberately deceiving the court about their possession of shares; personal service requirements for prohibitory orders were satisfied as respondents had notice.
Court Disposition
Contempt proved against both respondents on two counts; penalty to be determined.
Orders
- Court will hear submissions as to penalty for contempt.
Full Case Text
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