ASSETS
ASSETS
The evidence showed that the Respondents have assets within and outside the jurisdiction. As to the former:
A freehold property in Leatherhead (the “Property”), of which the First Respondent is the sole registered proprietor. The liquidators are unaware whether, as between the Respondents, the Second Respondent has any beneficial interest in the Property (they are married). The Property was purchased for £4,150,00 on 30 August 2018. It is subject a registered charge dated 05 February 2024 in favor of Credit Suisse (UK) Limited. A neighboring property understood to be similar was recently placed on the market for £6,500,000.00.
The Respondents each have a 50% interest in RD Capital Tactical Opportunities 1 Limited (“RDCTO1”). The liquidators have identified that a substantial number of shares in UK companies are now owned by the Jersey entity referred to above, RDCTO1.
The following high-end motor vehicles have been identified as being in the First Respondent’s possession or control: (i) Bentley Bentayga (Reg No: S7 XRD); (ii) Lamborghini Urus (Reg No: X1 XRD / Chassis No: LA 13353); (iii) Ferrari Roma (Reg No: F1 XRD); (iv) Mercedes G Wagon (Reg No: G6 XRD); and (v) Mercedes G63 AMG (Reg No: FX22 MMF / Chassis No: X434484).
The Respondents’ personal bank account held at NatWest.
As for the Respondents’ assets outside the jurisdiction, they have at least the following:
The Second Respondent has an interest in a number of companies in Aix-en-Provence, Franc: (i) Societe D’etude De Realisation et Fournitures Industrielles SAS (Siren 422 169 300), where she is listed as the Director-General; (ii) Elisium Sarl (Siren 804 219 475); (iii) Horizon (817 486 434); and (iv) she may also have an interest in Irox SCI (Siren 481 539 856).
The Respondents are also understood each to have a 50% interest in Villa Horizon Real Estate SL in Spain, under Registro Mercantil B13757554.
The Respondents were each subject to bankruptcy petitions presented to the County Court at Kingston-upon-Thames as follows: (a) First Respondent: 65 of 2024 presented on 25 October 2024; and (b) Second Respondent: 75 of 2024 presented on 30 October 2024. The liquidators have no further information in respect of these petitions, save it is understood that the petitioner was Mitsubishi HC Capital UK plc and they have not been made subject to bankruptcy orders; no entries appear on the individual insolvency register for either of the Respondents.
- Heading
- INTRODUCTION
- BACKGROUND
- THE LIQUIDATORS CASE IN SUMMARY
- Unlawful distributions
- Directors Duties
- The Interim relief sought
- THE ISSUES IN MORE DETAIL
- Injections of funds into the Company
- Payments out – The Alleged Diversions
- The position of the Second Respondent
- The position of the First Respondent
- FULL AND FRANK DISCLOSURE
- THE INTERIM RELIEF SOUGHT
- RISK OF DISSIPATION
- DELAY / THE ‘STABLE DOOR’ POINT
- ASSETS
- JUST AND CONVENIENT
- DISCLOSURE ORDER
- CROSS-UNDERTAKING IN DAMAGES
- Conclusions
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