Spirits International B.V. v Federal Treasury Enterprise (FKP) Sojuzplodoimport

The case involved an application for leave to appeal from a decision of the primary Judge who had refused the appellant leave to file a proposed rejoinder to the claim of issue estoppel by the respondents. The proposed rejoinder alleged that a decision of a Russian court was vitiated by actual or apprehended bias. The appellant sought leave to file the rejoinder and to have the primary Judge's decision set aside. The respondents opposed the application.

The primary legal issues for the court to decide were whether the claims of bias were sufficiently particularised, and whether the particulars provided were adequate. The court also needed to determine whether the appellant had demonstrated that the proposed rejoinder contained new evidence or arguments that were not previously available.

The court found that the claims of bias were not sufficiently particularised, and that the particulars provided were inadequate. The court held that the appellant had not demonstrated that the proposed rejoinder contained new evidence or arguments that were not previously available. However, the court granted the appellant leave to file a modified rejoinder, subject to certain conditions. The court set aside the primary Judge's decision and ordered the parties to file written submissions on the question of costs.

The court's final orders included granting the cross-respondent leave to appeal from the primary Judge's judgment, setting aside the orders made by the primary Judge on 15 February 2013, and allowing the cross-respondent to file a modified rejoinder to the cross-claimants' reply. The court also ordered the parties to file written submissions on the question of costs.