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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Konig & Anor v Zwiebel & Anor [2009] EWCA Civ 892 (01 July 2009) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2009/892.html Cite as: [2009] EWCA Civ 892 |
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE QUEEN'S BENCH COMMERCIAL DIVISION
(MR JUSTICE BURTON)
Strand, London, WC2A 2LL |
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B e f o r e :
LORD JUSTICE LONGMORE
and
MR JUSTICE BODEY
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KONIG & ANR |
Appellants |
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- and - |
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ZWIEBEL & ANR |
Respondents |
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Mr M Mallin (instructed by Teacher Stern) appeared on behalf of the Respondents.
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Crown Copyright ©
Lord Justice Longmore:
"…we hereby inform.
A Based on Messrs Dover Hipps and Smith's opinion and having been appointed by us to examine the company's property and debts, we have reached the following conclusion.
The company's property consists of: Funds that have been deposited in the hands of both parties' lawyers, with an additional three hundred thousand pounds (£300,000) dilapidation fee, all of which both constitute the company's property.
Regarding debts: the Company has no payable debts with the exception of Messrs Dover, Hipps and Smith's fees.
B If the first party is not prepared to accept Messrs Dover, Hipps and Smith's opinion, arguing that according to him, the opinion is based on agreement from 05 to which the first party was not a signatory and which was delivered by an emissary without his consent; in which case we the rabbis are prevented from serving as arbitrators in matters of accounts, because according to article 9 of the agreement from 04 we must receive an opinion from a neutral accountant, and he stated that without being based on the 05 agreement, he is not able to provide an opinion. Therefore the second party has recourse to civil courts.
After the parties having conducted discussions, we hope and request to find some peace and that each party respect the other and that there will be no slanderous talk about each other, God forbid, and that there should be only peace and tranquillity and goodness."
"…it is our view that, unless the Second Consent Order dated 15 April 2005 had been set aside by the Commercial Court and the Learned Rabbonim were furnished with proof of this in the form of a further sealed Order from the Court to that effect it was the Second Consent Order which recorded the agreement of the parties with respect of the matters to be decided by you (including the dilapidations question).
For these reasons if, as envisaged by paragraph B of your decision, Mr Zweibel does continue to refuse to accept the validity of the Second Consent Order (and fails to implement the agreed settlement contained in the schedule to the First Consent Order) Mr Konig will indeed have to exercise his liberty to apply to the Commercial Court, as paragraph B of your decision also envisages."
Mr Justice Bodey:
Lord Justice Thorpe:
Order: Appeal dismissed