East-West United Bank SA v Gusinski & Ors

Clare Stanley K.C. and James Walmsley (instructed by Distinction Law) for the Claimant Andrew George K.C. (instructed by Clyde & Co LLP) for the Second and Third Defendants Date of hearing: 15 July 2024, with further submissions filed on 18 July 2024 ____________________

i) The First Respondent is the Financial Secretary of the Cayman Islands, as trustee for the creditors and contributories of New Media Distribution Company SEZC Limited, which is now dissolved;

i) Mr Gusinski combined with others to create " fictitious and/or inflated claims to be used as the basis for applications to begin insolvency proceedings ";

ii) Mr Gusinski combined with GSC and Mr Samuels to put forward a false cross-claim in the Arbitration, which was not made in good faith but rather to delay the determination of the Claimant's claim in the Arbitration; and

iii) Mr Samuels and GSC caused or allowed counsel to make representations concerning the "Earmarked Funds" to the arbitral tribunal, even though Mr Samuels and GSC knew that they were false at the time.