Adm Rice Inc. v Corporacion Comercializadora De Granos Basicos SA [2015] EWHC 2474 (Admlty) (21 July 2015)

Adm Rice Inc. v Corporacion Comercializadora De Granos Basicos SA [2015] EWHC 2474 (Admlty) (21 July 2015)

The respondents, having been properly served with court orders containing penal notices, wilfully and contumaciously failed to comply with asset disclosure and affidavit requirements. The second and third respondents, as directors/officers, are personally liable for the company's contempt. All respondents are found in contempt of court and liable to be committed.

Citation
[2015] EWHC B1 (Admlty)
Parties
Claimant: ADM Rice Inc.; Defendant and First Respondent: Corporacion Comercializadora de Granos Basicos SA (CORCOSA); Second Respondent: Enrique Jose Delgadillo Aguirre; Third Respondent: Vanessa Auxiliadora Delgadillo Sacasa
Jurisdiction
England and Wales
Judgment Date
21 July 2015
Procedural Posture
Contempt of Court Application (committal Proceedings) / Judgment on Committal Application
Outcome
Application granted. Respondents found in contempt of court and sentenced to imprisonment.
Legal Topics
Contempt of Court, Freezing Orders, Enforcement of Arbitral Awards, Directors' Liability
Civil Procedure Commercial Law Admiralty Law Contempt of Court Freezing Orders Enforcement of Arbitral Awards Directors' Liability

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Parties

ADM Rice Inc.

Claimant

Corporacion Comercializadora de Granos Basicos SA (CORCOSA)

Defendant and First Respondent

Enrique Jose Delgadillo Aguirre

Second Respondent

Vanessa Auxiliadora Delgadillo Sacasa

Third Respondent

Procedural Posture

Contempt of Court Application (committal Proceedings) / Judgment on Committal Application

Legal Issues

  1. 1 Whether the respondents are in contempt of court for failing to comply with freezing orders and asset disclosure requirements
  2. 2 Whether the second and third respondents, as directors/officers, are personally liable for CORCOSA's contempt

Ratio Decidendi

The respondents, having been properly served with court orders containing penal notices, wilfully and contumaciously failed to comply with asset disclosure and affidavit requirements. The second and third respondents, as directors/officers, are personally liable for the company's contempt. All respondents are found in contempt of court and liable to be committed.

Court Disposition

Application granted. Respondents found in contempt of court and sentenced to imprisonment.

Orders

  • Second and third respondents (Enrique Jose Delgadillo Aguirre and Vanessa Auxiliadora Delgadillo Sacasa) each committed to prison for 18 months.
  • Respondents to pay claimant's costs of the application on the indemnity basis, costs summarily assessed.