Masri v Consolidated Contractors International Company SAL & Ors

Masri v Consolidated Contractors International Company SAL & Ors

The judgment debtors are in contempt of court for deliberate breaches of English court orders made to enforce payment of a judgment debt, including receipt of proceeds in violation of a receivership order, failure to provide information and disclosure as required, and interference with the receiver's rights. Lebanese court orders and the appointment of a judicial administrator do not excuse contempt, as these were part of a deliberate strategy to frustrate enforcement and the judgment debtors could have complied with the English orders at any time. The court retains discretion to enforce its orders despite foreign legal obstacles, especially where those obstacles are self-created.

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 (post Judgment Enforcement) / Judgment on Contempt Application Against Judgment Debtors
Outcome
Contempt established against judgment debtors (CCIC and CCOG) on multiple grounds; directions for further submissions on sanction.
Legal Topics
Contempt of Court, Enforcement of Foreign Judgments, Receivership, Freezing Orders, Cross Border Insolvency, Asset Disclosure, Conflict of Laws
Civil Procedure Commercial Law International Enforcement Contempt of Court Enforcement of Foreign Judgments Receivership Freezing Orders Cross Border Insolvency +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 (post Judgment Enforcement) / Judgment on Contempt Application Against Judgment Debtors

Legal Issues

  1. 1 Whether the judgment debtors (CCIC and CCOG) are in contempt of court for breaching orders made to enforce payment of a judgment debt.
  2. 2 Whether the appointment of a judicial administrator and Lebanese court orders excuse non-compliance with English court orders.
  3. 3 Whether the judgment debtors' actions in Lebanon and elsewhere constitute a deliberate anti-enforcement strategy.

Ratio Decidendi

The judgment debtors are in contempt of court for deliberate breaches of English court orders made to enforce payment of a judgment debt, including receipt of proceeds in violation of a receivership order, failure to provide information and disclosure as required, and interference with the receiver's rights. Lebanese court orders and the appointment of a judicial administrator do not excuse contempt, as these were part of a deliberate strategy to frustrate enforcement and the judgment debtors could have complied with the English orders at any time. The court retains discretion to enforce its orders despite foreign legal obstacles, especially where those obstacles are self-created.

Court Disposition

Contempt established against judgment debtors (CCIC and CCOG) on multiple grounds; directions for further submissions on sanction.

Orders

  • Findings of contempt against CCIC and CCOG for breaches of receivership, freezing, and disclosure orders.
  • Directions for further submissions on appropriate sanctions (including potential fines).