Newland Shipping And Forwarding Limited v Toba Trading Fzc Seyed Majed Taheri Hossein Rahbarian [2014] EWHC 1986 (Comm) (18 June 2014)

Newland Shipping And Forwarding Limited v Toba Trading Fzc Seyed Majed Taheri Hossein Rahbarian [2014] EWHC 1986 (Comm) (18 June 2014)

The default judgment against Mr Rahbarian is set aside on condition that he pays US $4.75 million into court or provides equivalent security, pays outstanding costs, and pays any costs ordered on this application. Although his non-compliance was deliberate and not trivial, the interests of justice and the possibility that the judgment is for an excessive sum justify setting aside the judgment subject to conditions.

Citation
[2014] EWHC 1986 (Comm)
Parties
Claimant: Newland Shipping and Forwarding Limited; First Defendant: Toba Trading FZC; Second Defendant: Seyed Majed Taheri; Third Defendant: Hossein Rahbarian
Jurisdiction
England and Wales
Judgment Date
18 June 2014
Procedural Posture
Commercial Court Application to Set Aside Default Judgment / Application to Set Aside Default Judgment Under CPR 13.3
Outcome
Conditional order setting aside default judgment against third defendant
Legal Topics
Default Judgment, Relief From Sanctions, Setting Aside Judgment, Conspiracy, Conversion, Damages
Civil Procedure Commercial Law Default Judgment Relief From Sanctions Setting Aside Judgment Conspiracy Conversion Damages

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Parties

Newland Shipping and Forwarding Limited

Claimant

Toba Trading FZC

First Defendant

Seyed Majed Taheri

Second Defendant

Hossein Rahbarian

Third Defendant

Procedural Posture

Commercial Court Application to Set Aside Default Judgment / Application to Set Aside Default Judgment Under CPR 13.3

Legal Issues

  1. 1 Whether the default judgment against the third defendant should be set aside under CPR 13.3
  2. 2 Whether the third defendant has a real prospect of successfully defending the claim
  3. 3 Whether there is any other good reason to set aside the judgment

Ratio Decidendi

The default judgment against Mr Rahbarian is set aside on condition that he pays US $4.75 million into court or provides equivalent security, pays outstanding costs, and pays any costs ordered on this application. Although his non-compliance was deliberate and not trivial, the interests of justice and the possibility that the judgment is for an excessive sum justify setting aside the judgment subject to conditions.

Court Disposition

Conditional order setting aside default judgment against third defendant

Orders

  • Default judgment against Mr Rahbarian set aside provided he pays US $4.75 million into court or provides security within 28 days
  • He must pay any outstanding costs ordered by Hamblen J within 21 days