Ivanhoe Mines Ltd v Gardner

Mr. Gardner failed to show a good reason for not attending the hearing, acted promptly upon learning of the order, but his defence was weak and did not carry a real prospect of success. The court's resources and the defendant's conduct justified refusal to re-list the application.

Parties: Claimant: Ivanhoe Mines Limited (formerly Ivanhoe Nickel and Platinum Limited); Defendant: Tony Ricky Gardner
Jurisdiction: England and Wales
Judgment Date: 22 November 2019
Procedural Posture: Application / Post Judgment Application to Set Aside Order
Outcome: application dismissed
Legal Topics: Setting Aside Orders, Tomlin Orders, Service of Process, Enforcement of Arbitral Awards, Tax Liability Warranties

Civil Procedure Contract Law Arbitration Setting Aside Orders Tomlin Orders Service of Process Enforcement of Arbitral Awards Tax Liability Warranties

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Parties

Ivanhoe Mines Limited (formerly Ivanhoe Nickel and Platinum Limited)

Claimant

Tony Ricky Gardner

Defendant

Procedural Posture

Application / Post Judgment Application to Set Aside Order

Legal Issues

1 Whether the Tomlin Application was validly served on the defendant
2 Whether the defendant acted promptly in seeking to set aside the order
3 Whether the defendant had a good reason for not attending the hearing

Ratio Decidendi

Court Disposition

application dismissed

Orders

Mr. Gardner's application to set aside the order of 23 November 2018 is dismissed.