Lawyers EQUITY defended “Prisma Beta” in court regarding SEC “Sky Mall”

Recently, EQUITY lawyers successfully defended the rights of LLC “Prisma-Beta” for a multi-level parking in one of the largest malls in Ukraine – «Sky Mall» in Kyiv, in the Economic Court of Appeal.

The cause of the dispute was unlawful alienation of the parking by the development company LLC “Dniprovska Prystan” in favor of “Stilf” contrary to the fact that the title to this property belonged to the investor – LLC “Prisma Beta” under the relevant investment agreement.

In this regard, in 2014 LLC “Prisma Beta” asked the court to invalidate the SPA for the parking and to acknowledge the property title to it. Despite the validity of the plaintiff’s position, in late September 2014 Kyiv Economic Court and later the Higher Economic Court of Ukraine ruled a decision not in favor of LLC “Prisma Beta”.

However, EQUITY lawyers managed to initiate the review of the ruling in Kiev Economic Court of Appeal on September 30, 2014 under the new detected circumstances, abolition of this decision and validation of the decision of Economic Court of Kyiv as of 20 June 2014 in force, which recognized that the alienation of the parking in the mall «Sky Mall» was contrary to the law and the ownership title to it belongs to LLC “Prisma Beta”.

The Client was represented in court by EQUITY partner Oleg Malinevskyy and lawyer Andriy Ivaniv.