Agency for Policy Coordination on State Property and Ors v Sukhbaatar and Ors [2023] JRC 049 (29 March 2023)

The injunctions should be discharged and the Order of Justice struck out because the Plaintiffs are unrepresented, have no address for service, and the underlying claim has been dismissed in Mongolia.

Citation: [2023] JRC 049
Parties: Plaintiff: Plaintiffs; Defendant: First Defendant; Defendant: Second to Eighth Defendants
Jurisdiction: Jersey
Judgment Date: 29 March 2023
Procedural Posture: Application to Discharge Freezing Order and Strike Out Claim / Post Injunction, Application for Discharge and Strike Out
Outcome: Freezing Order discharged and claim struck out. Costs not awarded at this stage.
Legal Topics: Freezing Orders, Strike Out Applications, Costs Orders, Cross Undertaking in Damages

Civil Procedure Injunctions Freezing Orders Strike Out Applications Costs Orders Cross Undertaking in Damages

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2

Parties

Plaintiffs

Plaintiff

First Defendant

Defendant

Second to Eighth Defendants

Defendant

Procedural Posture

Application to Discharge Freezing Order and Strike Out Claim / Post Injunction, Application for Discharge and Strike Out

Legal Issues

1 Whether the Freezing Order should be discharged
2 Whether the claim should be struck out due to lack of representation and address for service
3 Whether costs should be awarded against the Plaintiffs

Ratio Decidendi

Court Disposition

Freezing Order discharged and claim struck out. Costs not awarded at this stage.

Orders

Injunctions discharged
Order of Justice struck out