ICBC Standard Bank Plc & Ors v Erdenet Mining Corporation LLC (EMC)

ICBC Standard Bank Plc & Ors v Erdenet Mining Corporation LLC (EMC)

The defendant was in contempt of court for failing to comply with an asset disclosure order, having been properly served or having actual notice, and the court dispensed with personal service and procedural defects as no injustice was caused. The court granted a declaration of contempt, permitted the issue of a writ of sequestration against the defendant's assets, and awarded indemnity costs to the claimants.

Parties
Claimant/applicant: ICBC Standard Bank PLC; Claimant/applicant: Standard Bank of South Africa Ltd; Claimant/applicant: London Forfaiting Company Limited; Claimant/applicant: Amsterdam Trade Bank N.V.; Defendant/respondent: Erdenet Mining Corporation LLC
Jurisdiction
England and Wales
Judgment Date
17 November 2017
Procedural Posture
Contempt Application (supportive of Arbitration Enforcement) / Judgment on Application for Declaration of Contempt and Writ of Sequestration
Outcome
Declaration of contempt granted; permission to issue writ of sequestration; indemnity costs awarded; substituted service ordered.
Legal Topics
Contempt of Court, Asset Disclosure Orders, Enforcement of Arbitral Awards, Service of Process, Writ of Sequestration, Indemnity Costs
Civil Procedure Arbitration Commercial Law Contempt of Court Asset Disclosure Orders Enforcement of Arbitral Awards Service of Process Writ of Sequestration +1 more

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Parties

ICBC Standard Bank PLC

Claimant/applicant

Standard Bank of South Africa Ltd

Claimant/applicant

London Forfaiting Company Limited

Claimant/applicant

Amsterdam Trade Bank N.V.

Claimant/applicant

Erdenet Mining Corporation LLC

Defendant/respondent

Procedural Posture

Contempt Application (supportive of Arbitration Enforcement) / Judgment on Application for Declaration of Contempt and Writ of Sequestration

Legal Issues

  1. 1 Whether service of the committal application was valid or should be dispensed with
  2. 2 Whether the court should proceed in the absence of the defendant
  3. 3 Whether the absence of a penal notice on the application notice is fatal or can be waived

Ratio Decidendi

The defendant was in contempt of court for failing to comply with an asset disclosure order, having been properly served or having actual notice, and the court dispensed with personal service and procedural defects as no injustice was caused. The court granted a declaration of contempt, permitted the issue of a writ of sequestration against the defendant's assets, and awarded indemnity costs to the claimants.

Court Disposition

Declaration of contempt granted; permission to issue writ of sequestration; indemnity costs awarded; substituted service ordered.

Orders

  • Declaration that Erdenet Mining Corporation LLC is in contempt of court for breach of the Knowles order dated 25 July 2017.
  • Permission granted to the claimants to issue a writ of sequestration against all real and personal property of the defendant.