Dalemont Ltd v Senatorov [2012] 1 JLR 168 (01 February 2012)

Dalemont Ltd v Senatorov [2012] 1 JLR 168 (01 February 2012)

On the facts of the case, the worldwide disclosure order against the judgment debtor and associated entities was not stayed pending challenge because it was particularly important to police the freezing order, there was suspicion that procedural tactics were being used to frustrate the judgment creditor, and the prejudice to the defendants if disclosure was made before a successful appeal was less than the prejudice to the judgment creditor if assets were dissipated pending appeal.

Citation
[2012] 1 JLR 168
Parties
Judgment Creditor: Dalemont Ltd; Judgment Debtor: Senatorov
Jurisdiction
Jersey
Judgment Date
01 February 2012
Procedural Posture
Civil / Interlocutory Application
Outcome
Application for stay of disclosure order refused
Legal Topics
Disclosure, Freezing Order, Mareva Injunction, Stay of Disclosure
Civil Procedure Disclosure Freezing Order Mareva Injunction Stay of Disclosure

Case Brief

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Parties

Dalemont Ltd

Judgment Creditor

Senatorov

Judgment Debtor

Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 Whether a disclosure order accompanying a freezing order should be stayed pending a challenge to the order or the freezing order itself.

Ratio Decidendi

On the facts of the case, the worldwide disclosure order against the judgment debtor and associated entities was not stayed pending challenge because it was particularly important to police the freezing order, there was suspicion that procedural tactics were being used to frustrate the judgment creditor, and the prejudice to the defendants if disclosure was made before a successful appeal was less than the prejudice to the judgment creditor if assets were dissipated pending appeal.

Court Disposition

Application for stay of disclosure order refused

Orders

  • Worldwide disclosure order to remain in force pending challenge