Yukong Line Ltd Of Korea v Rendsburg Investments Corporation Of Liberia & Ors [1996] EWCA Civ 759 (17 October 1996)

Yukong Line Ltd Of Korea v Rendsburg Investments Corporation Of Liberia & Ors [1996] EWCA Civ 759 (17 October 1996)

The court has jurisdiction to order cross-examination of a Mareva defendant on a disclosure affidavit as an ancillary measure to make Mareva relief effective, and such an order is justified where it is just and convenient in the circumstances, even if some questions may relate to substantive issues, provided safeguards exist to prevent abuse.

Citation
[1996] EWCA Civ 759
Parties
Plaintiff: Yukong; First Defendant: Rendsburg; Second Defendant: Ladidi Investments Corporation; Third Defendant: Mr Yamvrias
Jurisdiction
England and Wales
Judgment Date
17 October 1996
Procedural Posture
Appeal / Appeal Against Orders for Cross Examination in Mareva Proceedings
Outcome
Appeals dismissed with costs.
Legal Topics
Mareva Injunctions, Cross Examination on Affidavits, Ancillary Orders, Jurisdiction, Disclosure of Assets
Civil Procedure Commercial Law Mareva Injunctions Cross Examination on Affidavits Ancillary Orders Jurisdiction Disclosure of Assets

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Parties

Yukong

Plaintiff

Rendsburg

First Defendant

Ladidi Investments Corporation

Second Defendant

Mr Yamvrias

Third Defendant

Procedural Posture

Appeal / Appeal Against Orders for Cross Examination in Mareva Proceedings

Legal Issues

  1. 1 Does the court have jurisdiction to order cross-examination of a Mareva defendant on a disclosure affidavit?
  2. 2 Can the court properly order cross-examination in relation to substantive issues in the litigation?

Ratio Decidendi

The court has jurisdiction to order cross-examination of a Mareva defendant on a disclosure affidavit as an ancillary measure to make Mareva relief effective, and such an order is justified where it is just and convenient in the circumstances, even if some questions may relate to substantive issues, provided safeguards exist to prevent abuse.

Court Disposition

Appeals dismissed with costs.

Orders

  • Both appeals dismissed.
  • Costs awarded against the appellants.