3 Mar 2009
MONASTERIO AND MOYA V BUJAK AND ORS HC CHCH CIV 2008-409-001901
- Citation
- openlaw-26962066_03af_4559_8b76_eb7123e33ceb.pdf
- Court
- High Court
The substituted service order was set aside because plaintiffs had not demonstrated reasonable efforts to locate and serve the second defendant in Poland; leave granted to reapply provided plaintiffs first authorise Polish lawyers to check the Ministry registry. The Mareva freezing orders were not set aside because extradition posed a real risk assets could be removed and there was a good arguable case of deceit and negligence; however the freezing orders must be amended to a 'light‑handed' form to permit reasonable living and litigation expenses and to avoid disproportionate restraint on pro…