v.
There are other documents from the accountants to Gilda Estates to the
effect that Rabbi Meisels was entitled to draw for his personal use some of
money from Gilda Estates. Nobody with knowledge of the affairs of the
Claimant’s companies seems to have been concerned about the
transactions he authorised. If the Claimant has to account to anybody else
for any money he receives back from the Defendants that is not a matter
that arises in these proceedings.
vi.
It is clear that the Claimant and his wife were in substance the sole and
joint owners of the companies established by the Claimant to undertake
property transactions Gilda Estates and UK 2000 Limited. They were
able to draw down funds in the companies accounts and transfer them for
their personal use. There is no suggestion that Mrs Meisels or anyone else
connected with the company has protested against these transfers. Mrs
Meisels is clearly fully aware of the history of the matter having made a
witness statement although not in the end called as a witness
96.
Second, the Defendants accept that if the sums had been transferred from the
company account into the personal account of the Claimant and from there to the
charity, then there would be no issue that any funds to be returned would be returned
to him. I am satisfied that the fact that the funds came from the David Wineman client
account make no difference. Rabbi Meisels was the client and was able to give
instructions without more.
97.
The Defendants have obtained searches of the companies of which the Claimant is a
Director or shareholder at Companies House. This material was in part used to point
out that company accounts are substantially in arrears, that companies have been
struck off in the past for non compliance with statutory duties, that a number of
companies have charges and management orders made against them. The Defendants
argue that if the accounts had been kept up to date it might have shown that the
payments were made by the company as charitable donations. There were such
charitable payments made in 2002. They also submit that the letters from the
Claimants solicitor and accountant suggesting that the Claimant was entitled to draw
on the company’s accounts are not reflected in the accounts to date. I accept that these
points may show marked informality by the Claimant in his business dealings, and
some cavalier responses to his duties of record keeping as a director. They do not
persuade me either that the payments were in truth made by the companies or that the
First Defendant thought at the time in either October or December 2004 that he was
dealing with the company rather than the Claimant, whatever he may subsequently
have told Mr Weiss.
98.
Third, by this plea the First Defendant is in essence seeking to undermine the
agreement and deny that it reflected the true nature of the transactions on the 23 rd
December. I have concluded that the agreement is the distinguishing feature of the
December transactions and was intended to reflect the understanding of the parties.
The agreement is with Rabbi Meisels personally and not with any company that he
controlled. If the First Defendant thought he was dealing with a company he might
have expected the agreement to say so and there to be a formal resolution of the
Directors before receiving any payment. There was none and no time for any to have
been obtained.