23 Feb 2005
MSR CAPITAL LTD v. KTH RECOVERY FUND II LTD AND OTHERS
- Citation
- MSR CAPITAL LTD v. KTH RECOVERY FUND II LTD AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV404/2004
The Court held that the Deputy Judge erred in authorising payments from the Sub-Fund Account pending resolution of the proprietary dispute because the mareva analogy was inapt and allowing payment (particularly of legal and management fees) would risk compelling the alleged true owner to fund the competing party's defence; accordingly the order authorising the schedule 1 payments was set aside and the KTH defendants must seek appropriate relief in the court below to obtain fees properly payable.