Van Collem & Ors v Van Collem & Ors [2015] EWHC 2258 (Ch) (29 July 2015)

Van Collem & Ors v Van Collem & Ors [2015] EWHC 2258 (Ch) (29 July 2015)

The share transfer and director resignation documents were procured fraudulently or without Alfred's knowledge and are voidable. Stephan breached fiduciary and statutory duties and misappropriated funds for personal benefit. Claimants proved entitlement to declaratory relief and equitable compensation.

Citation
[2015] EWHC 2258 (Ch)
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
Chancery Division Civil Claim / Final Judgment After Trial, Defence Struck Out
Outcome
Claimants succeed. Declaratory relief granted. Defence struck out. Equitable compensation awarded.
Legal Topics
Fiduciary Duties, Director's Duties, Fraudulent Misappropriation, Share Transfer Validity, Equitable Compensation
Company Law Equity Fraud Fiduciary Duties Director's Duties Fraudulent Misappropriation Share Transfer Validity Equitable Compensation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

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

Chancery Division Civil Claim / Final Judgment After Trial, Defence Struck Out

Legal Issues

  1. 1 Whether share transfer and director resignation documents were procured by fraud or without knowledge
  2. 2 Whether Stephan van Collem breached fiduciary and statutory duties as director
  3. 3 Whether funds were misappropriated for personal benefit

Ratio Decidendi

The share transfer and director resignation documents were procured fraudulently or without Alfred's knowledge and are voidable. Stephan breached fiduciary and statutory duties and misappropriated funds for personal benefit. Claimants proved entitlement to declaratory relief and equitable compensation.

Court Disposition

Claimants succeed. Declaratory relief granted. Defence struck out. Equitable compensation awarded.

Orders

  • Share transfer by 2007 Letter set aside as procured by fraud or without knowledge
  • Director resignation of Alfred as effected by Stephan set aside as procured without consent