Van Collem & Ors v Van Collem & Ors

Van Collem & Ors v Van Collem & Ors

The claimants proved on the evidence that the 2007 Letter was produced fraudulently without Alfred van Collem's knowledge or consent, that Stephan van Collem misappropriated funds through the defendant companies for his own benefit, and that Stephan breached fiduciary and statutory duties as director. The share transfers and resignations procured by fraud are voidable under Seychelles law. The claimants are entitled to declaratory relief and equitable compensation.

Parties
Claimant: Alfred van Collem; Claimant: Peter van Collem; Claimant: Socrates Management Corporation; Defendant: Stephan van Collem; Defendant: Helios Management & Consulting Ltd; Defendant: Euro Contracting Corporation Ltd; Defendant: Alphagenetics Ltd; Defendant: Citizen Engineering Services Ltd
Jurisdiction
England and Wales
Judgment Date
29 July 2015
Procedural Posture
Civil / Final Judgment After Trial; Defence Struck Out, Claim Proved on Evidence
Outcome
Claim allowed; judgment for the claimants.
Legal Topics
Fiduciary Duties, Director's Duties, Fraud, Forgery, Misappropriation of Funds, Share Transfer, Statutory Duties Under Companies Act 2006, Equitable Compensation
Company Law Equity and Trusts Civil Procedure Fiduciary Duties Director's Duties Fraud Forgery Misappropriation of Funds +3 more

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Parties

Alfred van Collem

Claimant

Peter van Collem

Claimant

Socrates Management Corporation

Claimant

Stephan van Collem

Defendant

Helios Management & Consulting Ltd

Defendant

Euro Contracting Corporation Ltd

Defendant

Alphagenetics Ltd

Defendant

Citizen Engineering Services Ltd

Defendant

Procedural Posture

Civil / Final Judgment After Trial; Defence Struck Out, Claim Proved on Evidence

Legal Issues

  1. 1 Whether the 2007 Letter transferring shares in Socrates Management Corporation to Stephan van Collem was procured by fraud or forgery
  2. 2 Whether Stephan van Collem breached fiduciary and statutory duties as director of Helios and Socrates
  3. 3 Whether funds belonging to Alfred van Collem were misappropriated by Stephan van Collem through the defendant companies

Ratio Decidendi

The claimants proved on the evidence that the 2007 Letter was produced fraudulently without Alfred van Collem's knowledge or consent, that Stephan van Collem misappropriated funds through the defendant companies for his own benefit, and that Stephan breached fiduciary and statutory duties as director. The share transfers and resignations procured by fraud are voidable under Seychelles law. The claimants are entitled to declaratory relief and equitable compensation.

Court Disposition

Claim allowed; judgment for the claimants.

Orders

  • Declaration that the 2007 Letter transferring shares in Socrates to Stephan van Collem was procured fraudulently and is of no effect and is set aside.
  • Declaration that Alfred van Collem's purported resignation as director of Helios was obtained without his knowledge and is of no effect.