Judgment — canary

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In the Grand Court of the Cayman Islands — Civil Division

Cause No. G 0482/1995

Between

JP Morgan and Company

- v -

Shaun Ashley Collins; Mexicon Corporation; Altajir Bank - Judgment

Before
Harre CJ

Judgment delivered 1996-01-18

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Grand Court of the Cayman Islands - Cause No. 482/95

IN CHAMBERS
IN THE GRAND COURT OF THE CAYMAN ISLANDS
HOLDEN AT GEORGE TOWN, GRAND CAYMAN
CAUSE NO. 482/95
BETWEEN:
J.P. MORGAN & COMPANY
PLAINTIFF
AND:

SHAUN ASHLEY COLLINS
MEXICON CORPORATION
ALTAJIR BANK

DEFENDANTS
For the plaintiff:

Mr. P. Boni

For the defendants:

Mr. R. McDonough

BEFORE HON. CJ
JUDGMENT
ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the defendants in the sum of US$1.2 million.

ORDERED:

That a worldwide Mareva injunction be granted in respect of the assets of the

The first defendant vigorously challenges this. He says that the money is derived from the redemption of a bearer bond given to him by his grandfather shortly before his death.

There is an application, yet to be heard, to discharge the injunction. The evidence in relation to that is not complete and in the meantime I am asked to allow the First Defendant to withdraw US$30,000 US$1 vare account with the third defendant to meet legal expenses and US$500 per month towards his living expenses.

The law of the latter is clear enough. This is a matter of discretion. There is no principle that a defendant will invariably be allowed to draw on funds frozen by injunction in order to meet his legal or expenses nor that such funds shall not be so used if they are connected to an adverse proprietary claim. The purpose of a Mareva injunction is to prevent dissipation of assets and prima facie the payment of legal costs is not dissipation. Cala Cristal SA & ors v. Emran & ors (1994) TLR 251. It is not intended to give a plaintiff red as a defendant from paying his debts, punish him or exert pressure on him.

The first defendant acknowledges that he has no assets other than those acquired as a result of his acquisition of the US$1.2 million which is the subject of this case.

The plaintiff puts its case against the order for variation in the boldest terms. It says that if the variation sought is denied, and the effect of that is tantamount to judgment against the defendant, justice will be done sooner rather than later. In support of that it offers the prospect, in a future affidavit, of cogent evidence in support of its view that there is no defence. It also asks me to infer that some US$300,000 unaccounted for in the first defendant's affidavit of means is, at least in part, available to fund any defence. It would, in my view, be quite wrong for me to make that inference a inequistage without evidence contradicting the first defendant's statement on oath that he has no assets other than those disclosed.

I am not at all attracted by the plaintiff's approach. Stifling a defence by always lea injunction cutting off the funds to conduct it leading to lent bisibility of obtaining what would be in effect summary judiy that means is precisely, it seems to me, what the courts have found to be a wrong use of this powerful remedy.

I grant the but int that the sum of US$30,000 withdrawn shall be for the account Campbell & Co. and shall not be paid to or come under the c of the first or second defendants, by their servants, a otherwise. There is no suggestion that the first and second th ahts attorney has charged, or will charge excessivelym ar a ge c v de on.

4
proprietary claim to assets which have been used to meet these costs

there must be an opportunity to challenge them. How that is to be done

will need to be determined in accordance with the costs taxation

procedure in force at the time.

There remains the matter of the first defendant's living expenses. I
need to ask what is the proper yardstick to apply. Is it the standard
which he formerly enjoyed as a bank employee, the standard of a former
bank employee who was dismissed and has no job or other means or the
standard of a considerable part at least of the
US$1.2 mis is oneich the plaintiff says is stolen and the first
defendant dispossessed his late grandfather's gift? The third alternative
can be diunday The first defendant should not be thus enriched out
of the vef mea which are in dispute. In any event, he will, if his
affidavit is true, be living quite modestly even if I vary
the injunctions of the way he proposes. I shall do so, and make an
order in paragraph (b) of the summons

Costs in nuar
Ja

\documentclass{article}
\usepackage{amsmath}
\usepackage{graphicx}

\section{Proprietary Claim to Assets}

There remains the matter of the first defendant's living expenses. I need to ask what is the proper yardstick to apply. Is it the standard which he formerly enjoyed as a bank employee, the standard of a former bank employee who was dismissed and has no job or other means or the standard of a considerable part at least of the US$1.2 mis is oneich the plaintiff says is stolen and the first defendant dispossessed his late grandfather's gift? The third alternative can be diunday The first defendant should not be thus enriched out of the vef mea which are in dispute. In any event, he will, if his affidavit is true, be living quite modestly even if I vary the injunctions of the way he proposes. I shall do so, and make an order in paragraph (b) of the summons

Costs in nuar
Ja

\begin{figure}[h]
\centering
\includegraphics[width=0.8\textwidth]{image.png}
\caption{Court Document}
\end{figure}

Cause Number	G 0482/1995
Court	CIGC (Civ)
Judge	Harre CJ
Parties	JP Morgan and Company v Shaun Ashley Collins; Mexicon Corporation; Altajir Bank - Judgment
Judgment Date	1996-01-18
Subject	Worldwide Mareva injunction; Variation to allow legal and living expenses; Discretionary principles governing injunctions; Purpose of Mareva orders (preventing dissipation, not stifling defence); Balancing proprietary claims with fairness; Standards for living expenses under injunction
Filename (current)	96-01-18-JP-Morgan-v-Shaun-Ashley-Collins.pdf
File MD5	a33914e4f849b51b68d399b717234519
Source pipeline	pdb
PDB record ID	2979
PDB URL	https://judicial.ky/n0c-storage/judgments-repository2/96-01-18-JP-Morgan-v-Shaun-Ashley-Collins.pdf

JP Morgan and Company v Shaun Ashley Collins; Mexicon Corporation; Altajir Bank - Judgment

All PDF copies on file (1)

Processing-run history (1)