Ex parte Rodionov (CS 121 of 2021) [2022] SCSC 1107 (1 April 2022)

Ex parte Rodionov (CS 121 of 2021) [2022] SCSC 1107 (1 April 2022)

The applicant has demonstrated a bona fide claim, risk of irreparable harm, and that the balance of convenience favours granting an injunction; therefore, an ex parte interlocutory injunction is warranted to preserve the subject matter pending the outcome of the main suit.

Citation
[2022] SCSC 1107
Parties
Applicant: Anton Rodionov; 1st Defendant: Wong Siew Ken; 2nd Defendant: Litry Venture Limited
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
1 April 2022
Case Number
CS 121 of 2021
Procedural Posture
Ex Parte Application for Interim Injunction / Interlocutory (pending Main Suit)
Outcome
Interlocutory injunction granted ex parte
Legal Topics
Interlocutory Injunction, Trusts, Beneficial Ownership, Company Law
Source Language
English
Civil Procedure Equity Interlocutory Injunction Trusts Beneficial Ownership Company Law

Case Brief

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Parties

Anton Rodionov

Applicant

Wong Siew Ken

1st Defendant

Litry Venture Limited

2nd Defendant

Procedural Posture

Ex Parte Application for Interim Injunction / Interlocutory (pending Main Suit)

Legal Issues

  1. 1 Whether the applicant is entitled to an ex parte interlocutory injunction restraining the defendants from dealing with the affairs, assets, and property of Litry Venture Limited pending determination of the main suit

Ratio Decidendi

The applicant has demonstrated a bona fide claim, risk of irreparable harm, and that the balance of convenience favours granting an injunction; therefore, an ex parte interlocutory injunction is warranted to preserve the subject matter pending the outcome of the main suit.

Court Disposition

Interlocutory injunction granted ex parte

Orders

  • Writ of injunction issued against Wong Siew Ken and Litry Venture Limited prohibiting them from dealing, trading, disposing or otherwise dealing with any affairs, assets and/or property of Litry Venture Limited, moveable or immovable, inside or outside of Seychelles pending final disposition of the main suit.
  • Order to serve copies of the injunction on the Registrar of IBCs, the registered agent of Litry Venture Limited, and the defendants in the main case.