Schmalz and Jones -v- Moke International Ltd and other

CivilJudgment

Claim Nos F07WW010 105 and 106 of 2019

Appeal refs BM90209CH and BM90210CH

IN THE HIGH COURT OF JUSTICE

BIRMINGHAM DISTRICT REGISTRY AND APPEAL CENTRE
ON APPEAL FROM THE COUNTY COURT AT BIRMINGHAM

ORDERS OF DISTRICT JUDGE TALOG-DAVIES DATED 30 OCTOBER 2019

20 March 2020

 

Before:

MR JUSTICE MARCUS SMITH

Between:

(1) GUNTHER SCHMALZ
(2) NATALIE JONES

-v-

(1) MOKE INTERNATIONAL LIMITED
(2) CARAIBCAR S.A.R.L

(a company incorporated in Saint Barthelemy, French West Indies)

 


ORDER
Before MR JUSTICE MARCUS SMITH, in a private hearing conducted by way of a Skype for Business video call, on the 20th day of March 2020.
UPON the Appellants’ request, pursuant to CPR 52.4(2), that the Order of HHJ Cooke, sitting as a Judge of the High Court, made on 3 December 2019 be reconsidered at an oral hearing
AND UPON HEARING Ms Jones and Mr Schmalz (“the Appellants”), in person, and Ms Gerasimenko, counsel, for the Respondents
AND UPON CONSIDERING the bundle produced for the hearing by the Appellants’ former legal representatives and the written submissions produced by the parties
IT IS ORDERED THAT:

1. The decision of HHJ Cooke dated 3 December 2019, refusing permission to appeal the bankruptcy orders made by DJ Talog-Davies on 30 October 2019 in respect of each of the Appellants, is affirmed.
2. No order as to costs.