Property executive Edward Wojakovski has been found guilty by a High Court judge of contempt of court.
In a ruling handed down yesterday, judge Mr Justice Edwin Johnson ruled that Wojakovski was guilty of one instance of contempt. He rejected four other allegations.
Wojakovski was the co-owner of property investment business the Tonstate Group, which is now in liquidation.
In a bitter family dispute, Tonstate sued Wojakovski and some other parties, alleging that around £13m had been “wrongfully extracted” from the company.
And in November 2019 High Court judge Zacaroli J ordered Wojakovski to repay £12.99m, which he has not yet done.
According to the ruling, representatives of Tonstate have been seeking to extract the money ever since, and have been “driven to make a contempts of court application” as a result.
“The claimants’ case is that the defendant has waged a four-year campaign of resistance to the claimants’ attempts to enforce their judgment debt, displaying what is characterised as a persistent disregard for the authority of the court,” the judge said his ruling.
The case went to trial in October.
“The grounds of the application are that the defendant is guilty of multiple and serious contempts of court, comprising failures to comply with four court orders and knowingly making false statements in a witness statement and in an affidavit,” the judge said in the ruling.
“By the application the claimants in this action seek an order for the committal of the defendant in this action, Mr Edward Wojakovski, to prison,” he said.
According to the ruling, just before the hearing Wojakovski admitted to one of the allegations of contempt.
That allegation was that he breached the following January 2020 court order:
“Mr Wojakovski shall not, without the leave of the Court or the corporate claimants’ prior written permission, deal with, dispose of or diminish the value of any of the following cash or assets: a. the sum of £13,594,642.43 (referred to at paragraph 4) or its traceable proceeds and any profits generated thereon; and b. any other sums received by Mr Wojakovski for similar purposes and in respect of which there was no valid authorisation from the relevant company.”
However, according to the ruling, Wojakovski used some of the money to buy a portfolio of companies in Scotland, sent the rental income to his own bank account, “then spent that money for his own purposes”.
In earlier proceedings, lawyers for Wojakovski said he would repay the rental income money, but the ruling said that hasn’t happened.
The judge said he was “satisfied” that Wojakovski had breached the order and this “constituted a contempt of court”.
He said he would decide on the penalty at a later hearing.
He said the claimants have failed to prove four other allegations of contempt of court.
Tonstate Group Ltd (in liquidation) and others v Edward Wojakovski
Business and Property Courts (Mr Justice Edwin Johnson) 5 December 2023
