Orexim Trading Ltd v Mahavir Port and Terminal Private Ltd & Ors

Orexim Trading Ltd v Mahavir Port and Terminal Private Ltd & Ors

There was no good arguable case that the Insolvency Act and Declaration Claims fell within any available gateway for service out of the jurisdiction against MPT or Zen. The permission for service out and the freezing injunction must be set aside. The Damages Claim against MPT remains as it is subject to an English jurisdiction clause.

Parties
Claimant: Orexim Trading Limited; First Defendant: Mahavir Port and Terminal Private Limited; Second Defendant: Singmalloyd Marine (S) Pte Limited; Third Defendant: Zen Shipping and Ports India Private Limited
Jurisdiction
England and Wales
Judgment Date
27 October 2017
Procedural Posture
Commercial Claim / Jurisdictional Challenge and Application to Set Aside Service Out and Freezing Order
Outcome
Permission for service out of the jurisdiction in respect of the Insolvency Act and Declaration Claims against MPT and Zen set aside; service on Zen set aside entirely; freezing injunction against Zen discharged; Damages Claim against MPT remains.
Legal Topics
Jurisdiction, Service Out of Jurisdiction, Freezing Injunction, Transactions at Undervalue, Breach of Settlement Agreement
Commercial Law Insolvency Law Civil Procedure Jurisdiction Service Out of Jurisdiction Freezing Injunction Transactions at Undervalue Breach of Settlement Agreement

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Parties

Orexim Trading Limited

Claimant

Mahavir Port and Terminal Private Limited

First Defendant

Singmalloyd Marine (S) Pte Limited

Second Defendant

Zen Shipping and Ports India Private Limited

Third Defendant

Procedural Posture

Commercial Claim / Jurisdictional Challenge and Application to Set Aside Service Out and Freezing Order

Legal Issues

  1. 1 Whether the English court has jurisdiction over the Insolvency Act and Declaration Claims against MPT and Zen
  2. 2 Whether the claims fall within the relevant service out gateways under CPR PD6B
  3. 3 Whether there is a serious issue to be tried on the claims

Ratio Decidendi

There was no good arguable case that the Insolvency Act and Declaration Claims fell within any available gateway for service out of the jurisdiction against MPT or Zen. The permission for service out and the freezing injunction must be set aside. The Damages Claim against MPT remains as it is subject to an English jurisdiction clause.

Court Disposition

Permission for service out of the jurisdiction in respect of the Insolvency Act and Declaration Claims against MPT and Zen set aside; service on Zen set aside entirely; freezing injunction against Zen discharged; Damages Claim against MPT remains.

Orders

  • Permission for service out of the jurisdiction in respect of the Insolvency Act and Declaration Claims against MPT and Zen set aside
  • Service of proceedings on Zen set aside entirely