Cibc Mellon Trust Company & Ors v Stolzenberg & Ors

Cibc Mellon Trust Company & Ors v Stolzenberg & Ors

The applications to set aside the default judgments and for relief from sanctions are dismissed. The failures to comply with the 'unless' orders were intentional, without good explanation, and against legal advice. The applications were not made promptly, and the delay has prejudiced the possibility of a fair trial and increased costs. The public interest in finality of litigation, the deliberate non-compliance, and the prejudice to the Claimants outweigh the arguable defences of Mora and Chascona. The court is not satisfied that this is an appropriate case for relief under CPR r.3.9.

Parties
Claimant: CIBC Mellon Trust Company & Ors; Defendant: Stolzenberg & Ors; 10th Defendant: Mora Hotel Corporation NV; 38th Defendant: Chascona NV
Jurisdiction
England and Wales
Judgment Date
03 February 2003
Procedural Posture
Civil Commercial/fraud / Application to Set Aside Default Judgments and for Relief From Sanctions
Outcome
Applications dismissed
Legal Topics
Relief From Sanctions, Default Judgment, Freezing Orders, Conspiracy, Tracing Claim, Disclosure Obligations
Civil Procedure Commercial Law Fraud Relief From Sanctions Default Judgment Freezing Orders Conspiracy Tracing Claim +1 more

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Parties

CIBC Mellon Trust Company & Ors

Claimant

Stolzenberg & Ors

Defendant

Mora Hotel Corporation NV

10th Defendant

Chascona NV

38th Defendant

Procedural Posture

Civil Commercial/fraud / Application to Set Aside Default Judgments and for Relief From Sanctions

Legal Issues

  1. 1 Whether Mora and Chascona should be granted relief from sanctions imposed by 'unless' orders and have default judgments set aside
  2. 2 Whether there is an arguable defence to the tracing and conspiracy claims
  3. 3 Whether the applications for relief were made promptly and with good explanation

Ratio Decidendi

The applications to set aside the default judgments and for relief from sanctions are dismissed. The failures to comply with the 'unless' orders were intentional, without good explanation, and against legal advice. The applications were not made promptly, and the delay has prejudiced the possibility of a fair trial and increased costs. The public interest in finality of litigation, the deliberate non-compliance, and the prejudice to the Claimants outweigh the arguable defences of Mora and Chascona. The court is not satisfied that this is an appropriate case for relief under CPR r.3.9.

Court Disposition

Applications dismissed

Orders

  • Applications by Mora and Chascona to set aside default judgments and for relief from sanctions are dismissed.