Trafigura Pte Ltd & Anor v Emirates General Petroleum Corporation

Trafigura Pte Ltd & Anor v Emirates General Petroleum Corporation

The defendant and Mr Al Midfa were properly served, were aware of the orders, and actively breached both the anti-suit injunction and the worldwide freezing order. The breaches were established beyond reasonable doubt. Leave to issue a writ of sequestration is appropriate even if no assets are currently within the jurisdiction, and committal of Mr Al Midfa for 12 months (concurrent) is necessary and just.

Parties
Claimant/respondent: Trafigura Pte Ltd; Claimant/respondent: Trafigura Beheer Bv; Defendant/appellant: Emirates General Petroleum Corporation; General Manager of Defendant: Mr Al Midfa
Jurisdiction
England and Wales
Judgment Date
04 November 2010
Procedural Posture
Contempt Application in Commercial Enforcement Proceedings / Judgment on Application for Committal and Sequestration
Outcome
Application granted
Legal Topics
Contempt of Court, Anti Suit Injunctions, Freezing Orders, Sequestration, Committal for Contempt
Commercial Law Civil Procedure Enforcement of Judgments Contempt of Court Anti Suit Injunctions Freezing Orders Sequestration Committal for Contempt

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Trafigura Pte Ltd

Claimant/respondent

Trafigura Beheer Bv

Claimant/respondent

Emirates General Petroleum Corporation

Defendant/appellant

Mr Al Midfa

General Manager of Defendant

Procedural Posture

Contempt Application in Commercial Enforcement Proceedings / Judgment on Application for Committal and Sequestration

Legal Issues

  1. 1 Whether the defendant and its general manager are in contempt of court for breaching anti-suit injunction and worldwide freezing order
  2. 2 Whether leave should be granted to issue a writ of sequestration against the defendant's property
  3. 3 Whether Mr Al Midfa should be committed to prison for contempt

Ratio Decidendi

The defendant and Mr Al Midfa were properly served, were aware of the orders, and actively breached both the anti-suit injunction and the worldwide freezing order. The breaches were established beyond reasonable doubt. Leave to issue a writ of sequestration is appropriate even if no assets are currently within the jurisdiction, and committal of Mr Al Midfa for 12 months (concurrent) is necessary and just.

Court Disposition

Application granted

Orders

  • Leave to issue a writ of sequestration against the property of the defendant
  • Mr Al Midfa committed to prison for 12 months for contempt (concurrent sentences for two breaches)