UCC -v- Bender 15-Sept-2006 [2006] JRC 130 (15 September 2006)

UCC -v- Bender 15-Sept-2006 [2006] JRC 130 (15 September 2006)

Mr Bender wilfully breached the disclosure injunction by failing to provide value, location, and details of transferred assets, and is therefore in contempt of court.

Citation
[2006] JRC 130
Parties
Plaintiff: UCC; First Defendant: Mr Bender; Defendant: Mr Koonmen; Defendant: Sinel Trust Anguilla Limited (STAL); Defendant: Mr Wijsmuller
Jurisdiction
Jersey
Judgment Date
15 September 2006
Procedural Posture
Representation for Contempt of Court / Post Injunction, Contempt Hearing
Outcome
Mr Bender found in contempt of court for breach of disclosure injunction.
Legal Topics
Contempt of Court, Mareva Injunction, Disclosure Orders, Asset Tracing
Civil Procedure Trusts and Equity Contempt of Court Mareva Injunction Disclosure Orders Asset Tracing

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Parties

UCC

Plaintiff

Mr Bender

First Defendant

Mr Koonmen

Defendant

Sinel Trust Anguilla Limited (STAL)

Defendant

Mr Wijsmuller

Defendant

Procedural Posture

Representation for Contempt of Court / Post Injunction, Contempt Hearing

Legal Issues

  1. 1 Whether Mr Bender is in contempt of court for failing to comply with disclosure orders related to assets under Mareva injunction

Ratio Decidendi

Mr Bender wilfully breached the disclosure injunction by failing to provide value, location, and details of transferred assets, and is therefore in contempt of court.

Court Disposition

Mr Bender found in contempt of court for breach of disclosure injunction.

Orders

  • Mr Bender is debarred from taking any further steps to defend the action until he purges his contempt.
  • Provision allowing for legal expenses to be payable out of restrained funds is removed.