Marlwood Commercial Inc v Kozeny & Ors

Marlwood Commercial Inc v Kozeny & Ors

Summary judgment and discharge of freezing injunctions refused because there are real issues to be tried regarding attribution of knowledge, effect of illegality, and factual disputes about corruption and bribery. The claims are not so clearly barred by illegality or public policy as to warrant summary disposal. Freezing injunctions maintained as claimants have a good arguable case and no material non-disclosure established.

Parties
Claimant: Marlwood Commercial Inc; Claimant: Omega Group Holdings Limited; Claimant: Pine Street Investments Limited; Claimant: Helendale Trading Corporation; Claimant: Pinford Portfolio Inc; Claimant: Telos Finance Limited; Claimant: Pharos Finance Limited; Claimant: Water Street Management Limited; Defendant: Viktor Kozeny; Defendant: Charles Towers-Clark; Defendant: Oily Rock Group Limited; Defendant: The Minaret Group Limited
Jurisdiction
England and Wales
Judgment Date
28 April 2006
Procedural Posture
Commercial Civil Claim / Summary Judgment Application and Discharge of Freezing Injunctions
Outcome
Summary judgment application and discharge of freezing injunctions refused; claims to proceed to trial.
Legal Topics
Illegality in Contracts, Fraudulent Misrepresentation, Breach of Fiduciary Duty, Account of Profits, Freezing Injunctions, Corruption and Bribery, Attribution of Knowledge, Trafficking in Influence
Contract Tort Equity Public Policy Illegality in Contracts Fraudulent Misrepresentation Breach of Fiduciary Duty Account of Profits +4 more

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Parties

Marlwood Commercial Inc

Claimant

Omega Group Holdings Limited

Claimant

Pine Street Investments Limited

Claimant

Helendale Trading Corporation

Claimant

Pinford Portfolio Inc

Claimant

Telos Finance Limited

Claimant

Pharos Finance Limited

Claimant

Water Street Management Limited

Claimant

Viktor Kozeny

Defendant

Charles Towers-Clark

Defendant

Oily Rock Group Limited

Defendant

The Minaret Group Limited

Defendant

Procedural Posture

Commercial Civil Claim / Summary Judgment Application and Discharge of Freezing Injunctions

Legal Issues

  1. 1 Whether claims are barred by illegality and public policy due to corruption and bribery
  2. 2 Whether knowledge of bribery by agents is attributable to claimants
  3. 3 Whether claims in deceit, breach of fiduciary duty, account, and conspiracy can proceed

Ratio Decidendi

Summary judgment and discharge of freezing injunctions refused because there are real issues to be tried regarding attribution of knowledge, effect of illegality, and factual disputes about corruption and bribery. The claims are not so clearly barred by illegality or public policy as to warrant summary disposal. Freezing injunctions maintained as claimants have a good arguable case and no material non-disclosure established.

Court Disposition

Summary judgment application and discharge of freezing injunctions refused; claims to proceed to trial.

Orders

  • Applications for summary judgment against claimants dismissed.
  • Freezing injunctions in favour of Marlwood and Omega claimants maintained.