Star Reefers Pool Inc v JFC Group Co Ltd [2012] EWHC 1803 (Comm) (09 March 2012)

Star Reefers Pool Inc v JFC Group Co Ltd [2012] EWHC 1803 (Comm) (09 March 2012)

The worldwide freezing order is continued as there is a real risk of dissipation and it is just and convenient; disclosure is ordered as limited and necessary to locate assets; directors and officers, including those outside the jurisdiction, may be joined for contempt as there is a good arguable case of breach and the court has jurisdiction; summary assessment of costs is appropriate with a discount.

Citation
[2012] EWHC 1803 (Comm)
Parties
Claimant / Appellant: Star Reefers Pool Inc; Defendant / Respondent: JFC Group Co Ltd
Jurisdiction
England and Wales
Judgment Date
09 March 2012
Procedural Posture
Commercial Court Post Judgment Application / Return Date Hearing for Continuation and Variation of Worldwide Freezing Order; Applications for Disclosure, Costs, Summary Assessment, and Joinder for Contempt Proceedings
Outcome
Worldwide freezing order continued with modifications; further disclosure ordered; directors/officers joined for contempt proceedings; summary assessment of costs ordered.
Legal Topics
Freezing Orders, Contempt of Court, Jurisdiction Over Foreign Directors, Disclosure Obligations, Summary Assessment of Costs
Civil Procedure Commercial Law Enforcement of Judgments Freezing Orders Contempt of Court Jurisdiction Over Foreign Directors Disclosure Obligations Summary Assessment of Costs

Case Brief

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Parties

Star Reefers Pool Inc

Claimant / Appellant

JFC Group Co Ltd

Defendant / Respondent

Procedural Posture

Commercial Court Post Judgment Application / Return Date Hearing for Continuation and Variation of Worldwide Freezing Order; Applications for Disclosure, Costs, Summary Assessment, and Joinder for Contempt Proceedings

Legal Issues

  1. 1 Whether to continue the worldwide freezing order against the defendant
  2. 2 Appropriate terms and scope of the freezing order and related disclosure
  3. 3 Whether to join directors and officers for contempt proceedings for alleged breaches of the order

Ratio Decidendi

The worldwide freezing order is continued as there is a real risk of dissipation and it is just and convenient; disclosure is ordered as limited and necessary to locate assets; directors and officers, including those outside the jurisdiction, may be joined for contempt as there is a good arguable case of breach and the court has jurisdiction; summary assessment of costs is appropriate with a discount.

Court Disposition

Worldwide freezing order continued with modifications; further disclosure ordered; directors/officers joined for contempt proceedings; summary assessment of costs ordered.

Orders

  • Worldwide freezing order continued until satisfaction of judgment and costs, with liberty to apply to vary or discharge.
  • Disclosure of contracts of purchase and resale and commercial invoices for December 2011 ordered.