Anglo Financial SA & Anor v Goldberg [2014] EWHC 3192 (Ch) (07 October 2014)

Anglo Financial SA & Anor v Goldberg [2014] EWHC 3192 (Ch) (07 October 2014)

The freezing order is not continued because the claimants failed to establish a real risk of dissipation of assets by Mr Goldberg, and there was material non-disclosure in the original application. The claimants' case on risk rests on speculation and suspicion, unsupported by solid evidence, and the delay in proceedings undermines their assertions. The claimants also overstated losses and failed to disclose material facts relevant to the application.

Citation
[2014] EWHC 3192 (Ch)
Parties
Claimant: Anglo Financial SA; Claimant: Fortis Business Holdings LLC; Defendant: Stephen Jonathan Goldberg
Jurisdiction
England and Wales
Judgment Date
07 October 2014
Procedural Posture
Freezing Injunction Application / Interim Hearing for Continuation/discharge of Freezing Order
Outcome
Freezing order not continued; discharged.
Legal Topics
Freezing Injunctions, Material Non Disclosure, Breach of Fiduciary Duty, Breach of Contract, Negligence, Risk of Dissipation, Interest Calculation, Asset Tracing
Civil Procedure Commercial Law Freezing Injunctions Material Non Disclosure Breach of Fiduciary Duty Breach of Contract Negligence Risk of Dissipation +2 more

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Parties

Anglo Financial SA

Claimant

Fortis Business Holdings LLC

Claimant

Stephen Jonathan Goldberg

Defendant

Procedural Posture

Freezing Injunction Application / Interim Hearing for Continuation/discharge of Freezing Order

Legal Issues

  1. 1 Whether the freezing order against Mr Goldberg should be continued
  2. 2 Whether there is a real risk of dissipation of assets by Mr Goldberg
  3. 3 Whether the claimants have a good arguable case against Mr Goldberg

Ratio Decidendi

The freezing order is not continued because the claimants failed to establish a real risk of dissipation of assets by Mr Goldberg, and there was material non-disclosure in the original application. The claimants' case on risk rests on speculation and suspicion, unsupported by solid evidence, and the delay in proceedings undermines their assertions. The claimants also overstated losses and failed to disclose material facts relevant to the application.

Court Disposition

Freezing order not continued; discharged.

Orders

  • Freezing order against Stephen Jonathan Goldberg discharged.
  • No further freezing injunction granted.