Stephen Anthony Aldridge (Appellant) v Mordaunt Estates Ltd (Respondent) (Mauritius)

Awaiting hearing date

Case summary
Appeal
Change log

Case summary

Case ID

JCPC/2019/0118

Jurisdiction

Mauritius

Parties

Appellant(s)

Stephen Anthony Aldridge

Respondent(s)

Mordaunt Estates Ltd

Issue

Whether the Supreme Court of Mauritius was correct to find the Appellant, Mr. Stephen Anthony Aldridge, liable for having breached the Companies Act 2001 for having debited the bank account of the Respondent, Mordaunt Estates Ltd., and credited his own account for the sum of GBP 615,000.

Facts

Mr. Alridge, the Director of Mordaunt Estates Ltd., received a total GBP 615,000 to his personal account from the Mordaunt Estates account between May 2009-January 2009. On 18th May 2011, Mordaunt Estates Ltd. entered a Plaint with Summons against Mr. Aldridge in the Supreme Court of Mauritius, submitting that the payments should be declared void and claiming for the return of the entire sum and an additional GBP 100,000 in damages. Mr. Aldridge claimed that the payments to him were authorised by Mordaunt Estates by way of a shareholders' resolution dated 15 February 2010. He claimed during the trial that a Loan Application Form which Mordaunt Estates produced as evidence of the unlawful transactions was a forgery. On 17 March 2016, the Supreme Court of Mauritius found in favour of Mordaunt Estates, declared the loan void and ordered Mr. Aldridge to reimburse the total amount, plus MUR two million. and costs. Mr. Aldridge appealed to the Supreme Court of Mauritius (Court of Civil Appeal) which upheld the first-instance judgment. On 25 March 2019, the Supreme Court of Mauritius granted Mr. Aldridge leave to appeal to the Board.