Alternative Investment Solutions (General) Ltd v Valle De Uco Resort & Spa SA & Ors

Alternative Investment Solutions (General) Ltd v Valle De Uco Resort & Spa SA & Ors

There is a good arguable case of fraudulent misrepresentation by the Crossicks regarding the planning status and intention to provide security, and a real risk of dissipation of assets exists. Although there was material non-disclosure by the claimant, the interests of justice require the continuation of the freezing order.

Parties
Claimant: Alternative Investment Solutions (General) Ltd; Defendant: Valle de Uco Resort & Spa SA; Defendant: Jonathan Crossick; Defendant: Alise Crossick
Jurisdiction
England and Wales
Judgment Date
22 February 2013
Procedural Posture
Civil / Interlocutory Application to Discharge Worldwide Freezing Order
Outcome
Worldwide freezing order continued
Legal Topics
Freezing Injunctions, Fraudulent Misrepresentation, Disclosure Obligations, Security for Loans
Civil Procedure Commercial Law Freezing Injunctions Fraudulent Misrepresentation Disclosure Obligations Security for Loans

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Alternative Investment Solutions (General) Ltd

Claimant

Valle de Uco Resort & Spa SA

Defendant

Jonathan Crossick

Defendant

Alise Crossick

Defendant

Procedural Posture

Civil / Interlocutory Application to Discharge Worldwide Freezing Order

Legal Issues

  1. 1 Whether the worldwide freezing order should be discharged for lack of merits or material non-disclosure
  2. 2 Whether there is a good arguable case of fraudulent misrepresentation against the Crossicks
  3. 3 Whether there is a real risk of dissipation of assets justifying the injunction

Ratio Decidendi

There is a good arguable case of fraudulent misrepresentation by the Crossicks regarding the planning status and intention to provide security, and a real risk of dissipation of assets exists. Although there was material non-disclosure by the claimant, the interests of justice require the continuation of the freezing order.

Court Disposition

Worldwide freezing order continued

Orders

  • The worldwide freezing order against the defendants is continued pending further order of the court.