Giannis Ntzegkoutanis v Georgios Kimonis & Ors

Giannis Ntzegkoutanis v Georgios Kimonis & Ors

Relief in favour of the company may be sought in an unfair prejudice petition where the petitioner is genuinely seeking both personal and company relief, and such claims are not abusive or barred by section 260 of the Companies Act 2006. The 'Chime approach' does not represent English law; the appeal is allowed and the strike-out application is dismissed.

Parties
Petitioner/appellant: Giannis Ntzegkoutanis; Respondent to the Petition and Appeal: Georgios Kimionis; Respondent to the Petition: Coinomi Limited; Respondent to the Petition: Coinomi Holdings Ltd (Cyprus); Respondent to the Petition: Coinomi Ltd (BVI)
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Strike Out Application
Outcome
appeal allowed
Legal Topics
Unfair Prejudice, Derivative Claims, Abuse of Process, Breach of Fiduciary Duty
Company Law Civil Procedure Unfair Prejudice Derivative Claims Abuse of Process Breach of Fiduciary Duty

Case Brief

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Parties

Giannis Ntzegkoutanis

Petitioner/appellant

Georgios Kimionis

Respondent to the Petition and Appeal

Coinomi Limited

Respondent to the Petition

Coinomi Holdings Ltd (Cyprus)

Respondent to the Petition

Coinomi Ltd (BVI)

Respondent to the Petition

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Strike Out Application

Legal Issues

  1. 1 Whether relief in favour of the company can be sought in an unfair prejudice petition under Part 30 of the Companies Act 2006
  2. 2 Whether paragraphs 32.2 and 32.3 of the petition should be struck out as an abuse of process or for lack of statutory authority

Ratio Decidendi

Relief in favour of the company may be sought in an unfair prejudice petition where the petitioner is genuinely seeking both personal and company relief, and such claims are not abusive or barred by section 260 of the Companies Act 2006. The 'Chime approach' does not represent English law; the appeal is allowed and the strike-out application is dismissed.

Court Disposition

appeal allowed

Orders

  • Application to strike out paragraphs 32.2 and 32.3 of the petition dismissed