Alexander Kuznetsov v War Group Ltd & Anor

On a without-notice application, the court may adjourn the matter where the documents are incomplete and the respondents have not been specifically informed, so that they can respond and the court can determine the application fairly and on an informed basis. An adjournment may be proportionate where it preserves procedural fairness without determining the substantive relief sought.

The claimant had successfully bid for two properties, one sold by each defendant, and sought urgent orders concerning payment of the purchase balances, transfer documentation, access to the properties and damages. The application was made without notice, although the application notice stated that the defendants should be served. The documents were materially incomplete, and the defendants had not been specifically told that the application was being made before the hearing.

The central issue was whether the court should grant substantive interim relief immediately or adjourn the application to allow the defendants an opportunity to respond.

1. Adjournment. The application was adjourned to 16 February 2024, on notice to the defendants. The defendants were permitted to provide written submissions and request a remote hearing.
2. Procedural fairness. The court was concerned about making orders in proceedings involving parties who were not before the court and who had not specifically been told that the application was being made. The application documents were materially incomplete, and service on the defendants’ solicitors occurred only after the issue was raised at the hearing.
3. Proportionate course. In the circumstances, deferring the application for two days was necessary in the interests of justice and proportionate because it promoted procedural fairness and enabled an informed determination.
4. No substantive determination. The court made no finding on the claimant’s alleged entitlement to specific performance or on any other substantive order sought. It expressly reserved all questions as to what order, if any, might be appropriate at the adjourned hearing.