Itkin v Golden Sphinx Limited 20-Apr-2021 [2021] JRC 117 (20 April 2021)

Itkin v Golden Sphinx Limited 20-Apr-2021 [2021] JRC 117 (20 April 2021)

The Defendant's application to set aside the default judgment is refused due to excessive delay, failure to comply with court orders, and prejudice to the Plaintiff arising from reliance on the judgment in foreign proceedings; both parties have arguable cases but justice does not require setting aside the judgment at this late stage.

Citation
[2021] JRC 117
Parties
Plaintiff: Garry Itkin; Defendant: Golden Sphinx Limited
Jurisdiction
Jersey
Judgment Date
20 April 2021
Procedural Posture
Application to Set Aside Default Judgment / Post Judgment, Application to Set Aside
Outcome
Application to set aside default judgment dismissed
Legal Topics
Default Judgment, Directors' Duties, Conflict of Interest, Delay in Proceedings, Setting Aside Judgments
Company Law Civil Procedure Default Judgment Directors' Duties Conflict of Interest Delay in Proceedings Setting Aside Judgments

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Parties

Garry Itkin

Plaintiff

Golden Sphinx Limited

Defendant

Procedural Posture

Application to Set Aside Default Judgment / Post Judgment, Application to Set Aside

Legal Issues

  1. 1 Whether the default judgment should be set aside
  2. 2 Whether the Plaintiff acted in breach of fiduciary duty as sole director
  3. 3 Whether delay by the Defendant bars relief

Ratio Decidendi

The Defendant's application to set aside the default judgment is refused due to excessive delay, failure to comply with court orders, and prejudice to the Plaintiff arising from reliance on the judgment in foreign proceedings; both parties have arguable cases but justice does not require setting aside the judgment at this late stage.

Court Disposition

Application to set aside default judgment dismissed

Orders

  • Default judgment stands
  • Application to set aside dismissed