Lakatamia Shipping Company Ltd v Su & Ors [2023] EWHC 1874 (Comm) (21 July 2023)

Lakatamia Shipping Company Ltd v Su & Ors [2023] EWHC 1874 (Comm) (21 July 2023)

Lakatamia established a good arguable case that its claims against Maître Zabaldano fall within the tort, property, and necessary or proper party gateways, as damage was sustained in England by reduction of the value of English judgment debts, the claims relate to property within the jurisdiction, and there is a real issue to be tried against the anchor defendants. England is the appropriate forum for the trial. The application to set aside service is dismissed.

Citation
[2023] EWHC 1874 (Comm)
Parties
Claimant: Lakatamia Shipping Company Ltd; First Defendant: Nobu Su (aka Hsin Chi Su aka Nobu Morimoto); Second Defendant: Chang Tai-Chou; Third Defendant: Arnaud Zabaldano
Jurisdiction
England and Wales
Judgment Date
21 July 2023
Procedural Posture
Commercial Court Claim (jurisdictional Challenge) / Interlocutory Application to Set Aside Service for Lack of Jurisdiction
Outcome
Application dismissed; English court retains jurisdiction over the Third Defendant.
Legal Topics
Jurisdictional Challenge, Service Out of Jurisdiction, Tort Gateway, Property Gateway, Necessary or Proper Party Gateway, Unlawful Means Conspiracy, Intentionally Causing Damage by Unlawful Means, Inducing Breach of Judgment, Worldwide Freezing Order, Enforcement of Judgments
Private International Law Civil Procedure Tort Law Jurisdictional Challenge Service Out of Jurisdiction Tort Gateway Property Gateway Necessary or Proper Party Gateway +5 more

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Parties

Lakatamia Shipping Company Ltd

Claimant

Nobu Su (aka Hsin Chi Su aka Nobu Morimoto)

First Defendant

Chang Tai-Chou

Second Defendant

Arnaud Zabaldano

Third Defendant

Procedural Posture

Commercial Court Claim (jurisdictional Challenge) / Interlocutory Application to Set Aside Service for Lack of Jurisdiction

Legal Issues

  1. 1 Whether the English court has jurisdiction over the Third Defendant (Maître Zabaldano) under the tort, property, or necessary or proper party gateways
  2. 2 Whether there is a serious issue to be tried on the merits against the Third Defendant
  3. 3 Whether England is the appropriate forum for the trial of the claims

Ratio Decidendi

Lakatamia established a good arguable case that its claims against Maître Zabaldano fall within the tort, property, and necessary or proper party gateways, as damage was sustained in England by reduction of the value of English judgment debts, the claims relate to property within the jurisdiction, and there is a real issue to be tried against the anchor defendants. England is the appropriate forum for the trial. The application to set aside service is dismissed.

Court Disposition

Application dismissed; English court retains jurisdiction over the Third Defendant.

Orders

  • Application to set aside service of the Claim Form against Maître Zabaldano is dismissed.
  • Proceedings to continue against all Defendants in the English Commercial Court.