Official Receiver v Stojevic & Anor

Official Receiver v Stojevic & Anor

The English court has jurisdiction to entertain disqualification proceedings against a foreign shadow director of an English company under section 6 of the Company Directors Disqualification Act 1986, and a prior judgment containing findings of fraud is admissible as prima facie evidence in such proceedings, including evaluative judgments, subject to the defendant's right to challenge those findings with direct evidence.

Parties
Claimant: The Official Receiver; Defendant: Zvonko Stojevic; Defendant: Amanda Lesley Mason
Jurisdiction
England and Wales
Judgment Date
19 April 2007
Procedural Posture
Application for Disqualification Order / Interlocutory Judgment on Jurisdiction and Admissibility of Evidence
Outcome
Jurisdiction upheld; prior judgment admissible as prima facie evidence.
Legal Topics
Director Disqualification, Admissibility of Evidence, Jurisdiction, Hearsay, Opinion Evidence
Company Law Insolvency Law Civil Procedure Director Disqualification Admissibility of Evidence Jurisdiction Hearsay Opinion Evidence

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Parties

The Official Receiver

Claimant

Zvonko Stojevic

Defendant

Amanda Lesley Mason

Defendant

Procedural Posture

Application for Disqualification Order / Interlocutory Judgment on Jurisdiction and Admissibility of Evidence

Legal Issues

  1. 1 Does the English court have jurisdiction over a foreign shadow director for disqualification under the Company Directors Disqualification Act 1986?
  2. 2 Is a prior judgment containing findings of fraud admissible as prima facie evidence in disqualification proceedings under sections 6 and 7 of the 1986 Act?

Ratio Decidendi

The English court has jurisdiction to entertain disqualification proceedings against a foreign shadow director of an English company under section 6 of the Company Directors Disqualification Act 1986, and a prior judgment containing findings of fraud is admissible as prima facie evidence in such proceedings, including evaluative judgments, subject to the defendant's right to challenge those findings with direct evidence.

Court Disposition

Jurisdiction upheld; prior judgment admissible as prima facie evidence.

Orders

  • Permission granted to rely on three additional affirmations sworn by the solicitor for the Official Receiver.
  • Judgment of Toulson J admissible as prima facie evidence of fraud in section 6 disqualification proceedings.