Eckman -v- Sidem

Pursuant to those orders the plaintiff issued a summons before the Master on 14 th December, 2009. He sought specifically orders that he be given leave to file an amended Order of Justice and that the proceedings which he had commenced be consolidated with another Pauline action issued by him against Capita Trustees Limited ("Capita"), which had allegedly received a number of substantial payments from the first defendant.

"1. A declaration that the First Defendant is the alter-ego of the Second Defendant and that all of the above said transfers were undertaken with the intention and for the purpose of defeating the Plaintiff's claim against the First Defendant in a fraud against the creditors of Sidem such that the said transfers be rescinded or set aside and repaid by the Second Defendant to the First Defendant as follows:-

(a) The sum of US$489,469.82 representing payments made from the First Defendants bank account between 15 th April, 1996, and 12 th August, 1999, in 28 payments to the credit of the Second Defendant's personal American Express account, be paid by the Second Defendant to the First Defendant.

(b) The sum of US$1,354,860.36 representing payments made from the First Defendant's bank account between 29 th March, 1996, and 27 th March, 2000, by the Second Defendant for his personal benefit be paid by the Second Defendant to the First Defendant.

(c) The sum of US$1,579,409.40 representing payments made from Siden to the trustees of the second trust be paid by the Second Defendant to the First Defendant.