Deutsche Bank AG v Sebastian Holdings Inc and another

Practice – Pre-trial or post-judgment relief. The second defendant applied to set aside an order requiring him to attend court to be examined, pursuant to CPR 71, in his capacity as an officer of the first defendant company, a judgment debtor of the claimant Deutsche Bank AG, and for him to produce certain documents. The Queen's Bench Division, in dismissing the application, held that there was nothing in the authorities which justified the proposition that an order under CPR 71 could only be made on a non-resident foreigner if there were exceptional circumstances. Nevertheless, there were exceptional circumstances and strong reasons for exercising the court's jurisdiction under CPR 71 where there had been significant asset transfers from the company and where it had failed to give proper disclosure regarding its assets.

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