Masri v Consolidated Contractors International Company SAL & Ors [2011] EWHC 1024 (Comm) (05 May 2011)

Masri v Consolidated Contractors International Company SAL & Ors [2011] EWHC 1024 (Comm) (05 May 2011)

The judgment debtors were found to be in contempt of court for deliberate and determined non-compliance with court orders, including non-payment of judgment sums, failure to provide asset disclosure, and non-cooperation with receivers. The English court had jurisdiction to make receivership and freezing orders over foreign assets of foreign companies where the debtor had submitted to jurisdiction and the orders operated in personam. However, compliance with English orders was not required where a conflicting order of a foreign court of competent jurisdiction existed, as per the express terms of the orders. The court found that the judgment debtors had misled the Court of Appeal regarding...

Citation
[2011] EWHC 1024 (Comm)
Parties
Applicant/judgment Creditor: Munib Masri; First Respondent/judgment Debtor: Consolidated Contractors International Company SAL; Second Respondent/judgment Debtor: Consolidated Contractors (Oil and Gas) Company SAL; Third Respondent: Wael S Khoury
Jurisdiction
England and Wales
Judgment Date
05 May 2011
Procedural Posture
Contempt Application in Commercial Enforcement Proceedings / Post Judgment, Enforcement and Contempt Determination
Outcome
Declaration of contempt against the judgment debtors; further orders for enforcement; committal application against third respondent deferred.
Legal Topics
Contempt of Court, Receivership, Freezing Orders, Jurisdiction, Asset Disclosure, Equitable Execution
Commercial Law Civil Procedure Enforcement of Judgments Private International Law Contempt of Court Receivership Freezing Orders Jurisdiction +2 more

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Parties

Munib Masri

Applicant/judgment Creditor

Consolidated Contractors International Company SAL

First Respondent/judgment Debtor

Consolidated Contractors (Oil and Gas) Company SAL

Second Respondent/judgment Debtor

Wael S Khoury

Third Respondent

Procedural Posture

Contempt Application in Commercial Enforcement Proceedings / Post Judgment, Enforcement and Contempt Determination

Legal Issues

  1. 1 Whether the judgment debtors are in contempt of court for breach of orders made following the liability judgment
  2. 2 Whether the third respondent is liable for contempt as a de facto or shadow director
  3. 3 Whether the English court had jurisdiction to make receivership and freezing orders over foreign assets of foreign companies

Ratio Decidendi

The judgment debtors were found to be in contempt of court for deliberate and determined non-compliance with court orders, including non-payment of judgment sums, failure to provide asset disclosure, and non-cooperation with receivers. The English court had jurisdiction to make receivership and freezing orders over foreign assets of foreign companies where the debtor had submitted to jurisdiction and the orders operated in personam. However, compliance with English orders was not required where a conflicting order of a foreign court of competent jurisdiction existed, as per the express terms of the orders. The court found that the judgment debtors had misled the Court of Appeal regarding...

Court Disposition

Declaration of contempt against the judgment debtors; further orders for enforcement; committal application against third respondent deferred.

Orders

  • Declaration that Consolidated Contractors International Company SAL and Consolidated Contractors (Oil and Gas) Company SAL are in contempt of court for breach of orders.
  • Fine to be imposed on judgment debtors for contempt (quantum to be determined).