Rubin & Anor v Eurofinance SA & Ors [2010] EWCA Civ 1047

Case No A2/2009/1942[2010] EWCA Civ 1047
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE CHANCERY DIVISION
(NICHOLAS STRAUSS)
Venue Royal Courts of Justice, Strand, London, WC2A 2LLDate Friday, 20 th July 2010
Before
LORD JUSTICE WARDLORD JUSTICE WILSONMR JUSTICE HENDERSON
Between
Rubin and AnrAppellantEurofinance SA and OrsRespondent
(DAR Transcript ofWordWave International LimitedA Merrill Communications Company165 Fleet Street, London EC4A 2DYTel No: 020 7404 1400 Fax No: 020 7831 8838Official Shorthand Writers to the Court)
Mr Tom Smith (instructed by Dundas & Wilson LLP) appeared for Appellant.Mr Marcus Staff (instructed by Brown Rudnick LLP) appeared for Respondent.
Judgment
[1]For the reasons we set out in writing the appeal is allowed; the cross-appeal is dismissed; paragraphs 4 to 6 of the order of Mr Nicholas Strauss QC are set aside; paragraphs 3 and 5 of the judgment of the United States Bankruptcy Court will be enforced; but we are going to give a stay for 28 days to allow them to go off to the Supreme Court and see if they can get permission. Order provides for costs to be paid by the respondent, to pay back some money they paid on costs already.