Anglo Financial SA & Anor v Goldberg

Anglo Financial SA & Anor v Goldberg

The claimants failed to establish a real risk of dissipation of assets by the defendant, and there was material non-disclosure in the original without notice application. The grounds for granting a freezing order were not met, and the application to renew the freezing order is dismissed.

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
Civil / Application to Continue Freezing Injunction; Cross Application to Discharge Injunction
Outcome
Application to renew freezing order dismissed; no order on cross-application as injunction lapses.
Legal Topics
Freezing Injunctions, Breach of Fiduciary Duty, Breach of Contract, Negligence, Material Non Disclosure, Risk of Dissipation of Assets
Civil Procedure Banking and Finance Equity and Trusts Freezing Injunctions Breach of Fiduciary Duty Breach of Contract Negligence Material Non Disclosure +1 more

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Parties

Anglo Financial SA

Claimant

Fortis Business Holdings LLC

Claimant

Stephen Jonathan Goldberg

Defendant

Procedural Posture

Civil / Application to Continue Freezing Injunction; Cross Application to Discharge Injunction

Legal Issues

  1. 1 Whether the claimants have a good arguable case against the defendant for breach of contract, fiduciary duty, or negligence
  2. 2 Whether there is a real risk of dissipation of assets justifying a freezing order
  3. 3 Whether there was material non-disclosure by the claimants in the without notice application

Ratio Decidendi

The claimants failed to establish a real risk of dissipation of assets by the defendant, and there was material non-disclosure in the original without notice application. The grounds for granting a freezing order were not met, and the application to renew the freezing order is dismissed.

Court Disposition

Application to renew freezing order dismissed; no order on cross-application as injunction lapses.