Revenue & Customs v Sunico A/S & Ors

Revenue & Customs v Sunico A/S & Ors

Nari is entitled to discharge of the freezing order and costs on the standard basis, not indemnity, as HMRC acted in good faith and circumstances are not exceptional. Dayal's freezing order is continued in a reduced sum due to unresolved risk of dissipation and unclear asset control; costs are reserved pending outcome of section 423 claim, with partial costs awarded for summary judgment and amendment applications.

Parties
Claimant: Her Majesty's Revenue & Customs; Defendant: Sunico A/S; Defendant: Sunil Kumar Harwani; Defendant: Mangharam Harwani; Defendant: Sunico Holdings ApS; Defendant: M&B Holdings A/S; Defendant: PT Naina Exim Indo; Defendant: Hashu Dhalomal Shadapuri; Defendant: Dayal Dhalomal Shadapuri; Defendant: Nari Premchand
Jurisdiction
England and Wales
Judgment Date
19 October 2012
Procedural Posture
Civil / Post Summary Judgment, Consequential Orders
Outcome
Freezing order against Nari discharged; freezing order against Dayal continued in reduced sum; costs awarded to Nari on standard basis; partial costs awarded to Dayal for summary judgment and amendment applications; other costs reserved.
Legal Topics
Freezing Orders, Costs, Summary Judgment, Conspiracy, Section 423 Insolvency Act
Civil Procedure Insolvency Fraud Freezing Orders Costs Summary Judgment Conspiracy Section 423 Insolvency Act

Case Brief

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Parties

Her Majesty's Revenue & Customs

Claimant

Sunico A/S

Defendant

Sunil Kumar Harwani

Defendant

Mangharam Harwani

Defendant

Sunico Holdings ApS

Defendant

M&B Holdings A/S

Defendant

PT Naina Exim Indo

Defendant

Hashu Dhalomal Shadapuri

Defendant

Dayal Dhalomal Shadapuri

Defendant

Nari Premchand

Defendant

Procedural Posture

Civil / Post Summary Judgment, Consequential Orders

Legal Issues

  1. 1 Whether freezing orders against Dayal and Nari should be discharged
  2. 2 Whether costs should be awarded on the indemnity basis
  3. 3 Appropriate quantum for freezing order against Dayal

Ratio Decidendi

Nari is entitled to discharge of the freezing order and costs on the standard basis, not indemnity, as HMRC acted in good faith and circumstances are not exceptional. Dayal's freezing order is continued in a reduced sum due to unresolved risk of dissipation and unclear asset control; costs are reserved pending outcome of section 423 claim, with partial costs awarded for summary judgment and amendment applications.

Court Disposition

Freezing order against Nari discharged; freezing order against Dayal continued in reduced sum; costs awarded to Nari on standard basis; partial costs awarded to Dayal for summary judgment and amendment applications; other costs reserved.

Orders

  • Discharge of freezing order against Nari
  • Continuation of freezing order against Dayal in sum of US$14,764,612