Gulf Air BSC(C) v One Inflight Ltd & Ors [2018] EWHC 1019 (Comm) (03 May 2018)

Gulf Air BSC(C) v One Inflight Ltd & Ors [2018] EWHC 1019 (Comm) (03 May 2018)

The freezing order is to be continued against Mr Hirani, Inflight Global PTE Limited, and Epcon Limited because Gulf Air has established a good arguable case in fraud and conspiracy, and there is a real risk of dissipation of assets. The court has jurisdiction over Inflight and Epcon as necessary or proper parties, and the threshold for material non-disclosure has not been met to justify discharge of the order.

Citation
[2018] EWHC 1019 (Comm)
Parties
Claimant: Gulf Air B. S. C. (C); First Defendant: One Inflight Limited; Second Defendant: Mohamad El Assaad; Third Defendant: Sara Abdallah Abdala; Fourth Defendant: Amir Hirani; Fifth Defendant: Inflight Global PTE Limited; Sixth Defendant: Epcon Limited; Seventh Defendant: Global One Media Limited
Jurisdiction
England and Wales
Judgment Date
03 May 2018
Procedural Posture
Commercial Court Proceedings / Interlocutory Applications Regarding Freezing Order and Jurisdiction
Outcome
Applications to discharge the freezing order and to set aside service out of the jurisdiction are dismissed. The freezing order is continued against Mr Hirani, Inflight Global PTE Limited, and Epcon Limited.
Legal Topics
Freezing Injunctions, Jurisdictional Challenge, Fraud, Conspiracy, Dishonest Assistance
Commercial Law Civil Procedure Freezing Injunctions Jurisdictional Challenge Fraud Conspiracy Dishonest Assistance

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Parties

Gulf Air B. S. C. (C)

Claimant

One Inflight Limited

First Defendant

Mohamad El Assaad

Second Defendant

Sara Abdallah Abdala

Third Defendant

Amir Hirani

Fourth Defendant

Inflight Global PTE Limited

Fifth Defendant

Epcon Limited

Sixth Defendant

Global One Media Limited

Seventh Defendant

Procedural Posture

Commercial Court Proceedings / Interlocutory Applications Regarding Freezing Order and Jurisdiction

Legal Issues

  1. 1 Whether the freezing order against Mr Hirani, Inflight Global PTE Limited, and Epcon Limited should be discharged or continued
  2. 2 Whether the court has jurisdiction over Inflight Global PTE Limited and Epcon Limited
  3. 3 Whether there is a real risk of dissipation of assets justifying continuation of the freezing order

Ratio Decidendi

The freezing order is to be continued against Mr Hirani, Inflight Global PTE Limited, and Epcon Limited because Gulf Air has established a good arguable case in fraud and conspiracy, and there is a real risk of dissipation of assets. The court has jurisdiction over Inflight and Epcon as necessary or proper parties, and the threshold for material non-disclosure has not been met to justify discharge of the order.

Court Disposition

Applications to discharge the freezing order and to set aside service out of the jurisdiction are dismissed. The freezing order is continued against Mr Hirani, Inflight Global PTE Limited, and Epcon Limited.

Orders

  • Continuation of the worldwide freezing order against Mr Hirani, Inflight Global PTE Limited, and Epcon Limited
  • Dismissal of applications to set aside service out of the jurisdiction