Henderson J
1 IN THE GRAND
2 HOLDEN AT G
3
4
5
6
8 BETWEEN
9
10
AND:
12
13
COURT OF THE CAYMAN ISLANDS
EORGE TOWN, GRAND CAYMAN
CAUSE I
N:
SEGOES SERVICES, LTD.
1) CAMILA UEOKA
2) PAMELA KAWESKE
18 Appearances:
19
20
21
22
23
Before:
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Heard:
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3) HIGHLAND CONSULTING LIMITED
Mr. Alastair Walters and Mr. Guy Manning of
the Respondent
Mr. Anthony Akiwumi and Mr. Richard Anne
the Applicant
Hon. Justice Henderson
September 7, 2006
JUDGEMENT
Defendants
Campbells for
te of Stuarts for
33 The second defer-
34 granting summary
35 leave because I con-
36 ground – the ques-
37 written submission
38 if any, conditions
39 be granted on con-
Judgment - Segoes Services
dant, Pamela Kaweske, was granted leave to appeal ag-
judgment to the plaintiff on this fraudulent preference. I considered the defendant to have some prospect of suc-
cession of proof of insolvency. I have now received and con-
s from the plaintiff and the second defendant on the ques-
tion that the second defendant pays into court the sum
should be included in my order. The plaintiff requests
s, Camila Euoka et al Cause No. 319 of 2005 18.09.06
I inst an order
claim. I granted
rding on the first
considered
question of what,
that leave should
n of
1 US $940,402.66
2 (a)
3 (b)
4
5
6 (c)
7
8
9 The second defen-
dents within fourteen days. That sum comprises:
the whole amount of the judgment debt (US $865,402;
the sum of US $50,000 towards the plaintiffs' costs av- order granting summary judgment; and
the sum of US $25,000 as security for the plaintiffs' co- appeal.
10 The plaintant is not a resident of the Cayman Islands at the pres-
ent has assets in the approximate amount of US $1,115,000.
(6):
awarded in the
costs on the
intime. She
), which include
11 a condominium pr-
12 $388,000. She will
13 be satisfied, but it
14 by the plaintiff an
15
16 The plaintiff says:
17 comply with a M
18 position that the I
19
property in the Cayman Islands appraised (on a forced sale) before has sufficient assets from which the condition
insufficient assets within the jurisdiction to satisfy the ju-
d the probable costs of the appeal.
d its request is justified in light of the second defendant's
reva Injunction granted by this court. The second defen-
Mareva Injunction has never been served upon her.
tle basis) at US
requested could
judgment obtained
a failure to
ndant takes the
20 The Mareva Inju-
21 was served on W
22 record, in accord-
23
24 The Mareva Inju-
25 was served on W
26 defendant swore
Judgment - Segoes Service
ction (in paragraph 6 (b)) contained an order for subst.
woodward Terry & Company, the second defendant's trustee with that order. An affidavit of service has been re-
fution was obtained on the basis of an affidavit of Kenn-
bodward Terry at the same time as the injunction itself.
an affidavit in response; her affidavit was dated August 1,
es, Mamia Euoka et al Cause No. 319 of 2005 18.09.06
tuted service; it
n attorneys of
had:
eith Krys, which
The second
30th, 2005 and
1 was filed in these
2 great length from
3 by paragraph basis
4 Mareva Injunction
5 apply for a review
6
7 In light of this ev-
she quotes at
on a paragraph
ting of the
she would
served upon the
8 second defendant
9
10 The plaintiff argu-
11 has no intention of
12 defendant disclos-
13 enforceability of
14 difficult, and peri-
15
16 The second defen-
17 assets in compliance wholly without merit.
As that the second defendant is in breach of the Mareva
In her own affidavit material
of complying fully with it. In her own affidavi-
ted that she has sought advice from a United States atto-
he Mareva Injunction there and has been advised that
raps impossible, to enforce it.
defendant took approximately thirteen months to make disclos-
ance with the Mareva Injunction. This was done on Sept-
erney as to the
it would be
closure of her
member 5th, 2006.
Other evidence by
assets which are in
In her first affida-
(a)
21
22
(b)
23
24
Judgment - Segoes Servi-
ce for me shows that in the recent past she has held signi-
ficantly greater
naged for her by
1
2 (c)
3
4 (c)
5 (e)
property she owned jointly with either her husband or 42 Carla Way, Broomfield, Colorado, United States;
a bank account at HSBC Canada;
) an annual income of US $100,000.
The second defendant has not disclosed what happened to the assets she did have gone.
son at
some in the form
9 of management if
10 details of these
11 preference paym
12 summary judgme
13 approximately US
14 an account in her
15
16 Where the second
17 name of the bank
18 of the bank the assets and property rentals but the asset disclosure affidavit. The second defendant has not disclosed what happened to all of US $830,390.66 received from the plaintiff and the
amount. She does not disclose what happened to certain pay-
S $700,000 transferred from an account in her name wi
name at HSBC (Canada) Inc. in April 2005.
didendant does make disclosure of bank accounts, she
and the supposed credit balance; she does not specify
account is held and does not provide account names or it contains no
to the alleged
be subject of the
ments of
h the plaintiff to
give only the
at which branch
numbers. She has
19 disclosed the ow-
20 details of individuals
21
22 She does not dis-
23 observation that
24 value in excess of
Judgment – Segoes Servi-
cess, p. 57 of Camila Buoka et al Cause No. 319 of 2005 18:09:06
s not provide any
held.
plaintiff’s
securities with a
dry business, and
1 has said she has been investing successfully in medical companies since she
2 five years old.
3
4 I am satisfied that
5 judgment under a
6 I am satisfied the
7 comply with it fu-
the second defendant can afford to pay into court the v-
opeal and the amounts requested by the plaintiff as sec-
Mortgage Injunction has been served upon her and she ha-
d been in arrears or on a timely basis. I am satisfied the plaintiff has
she was twenty-
alue of the
urity for its costs,
is entitled to
reasonable
grounds for its ap-
9 second defendant.
10
11 In these relatively
12 conditions it has
13 that the condomin-
14 Assuming that the
15 price less realtor
16 then amount to U-
17 defendant on comprehension that, after an unsuccessful appeal, the full ar-
s judgment debt and costs will not be paid.
unusual circumstances, I find that the plaintiff is entirely
requested. The second defendant has said she will cons-
sum in the Cayman Islands be sold and the money paid
as sale will generate the sum of US $358,900 (the antic-
and Joney's fees), the unsecured amount of the judg-
ment that she pay into court or otherwise secure that sum of the
ed to the
ent to an order
into court.
pated forced sale
her debt will
be the second
um, plus the sum
18 of US $75,000 as
19
20 Dated this 18th da-
21
22
23 Henderson, J.
24 Judge of the Gra-
Judgment - Segoes Servi-
security for costs, within fourteen days.
y of September, 2006
d Court
cases, and Familia Euoka et al Cause No. 319 of 2005 18.09.06