Lakatamia Shipping Company Ltd v Nobu Su (aka Hsin Chi Su aka Nobu Morimoto) & Ors

Lakatamia Shipping Company Ltd v Nobu Su (aka Hsin Chi Su aka Nobu Morimoto) & Ors

The English court has jurisdiction over Maître Zabaldano because Lakatamia established a good arguable case under the tort, property, and necessary or proper party gateways; there is a serious issue to be tried on the merits regarding his alleged participation in the conspiracy and related torts; and England is clearly the appropriate forum as the claims are founded on English court orders and judgments, and parallel proceedings in Monaco would risk inconsistent outcomes and be inefficient.

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
11 September 2024
Procedural Posture
Commercial Court Civil Claim / Application to Set Aside Service of Claim Form for Lack of Jurisdiction
Outcome
Application dismissed; English court retains jurisdiction over Third Defendant.
Legal Topics
Jurisdictional Challenge, Service Out of Jurisdiction, Unlawful Means Conspiracy, Intentionally Causing Loss by Unlawful Means, Inducing Violation of Judgment Debt, Forum Conveniens
Civil Procedure Private International Law Tort Jurisdictional Challenge Service Out of Jurisdiction Unlawful Means Conspiracy Intentionally Causing Loss by Unlawful Means Inducing Violation of Judgment Debt +1 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 Civil Claim / Application to Set Aside Service of Claim Form for Lack of Jurisdiction

Legal Issues

  1. 1 Whether the English court has jurisdiction over the Third Defendant (Maître Zabaldano) for claims of unlawful means conspiracy, intentionally causing loss by unlawful means, and intentionally and knowingly inducing a violation of rights in judgment (Marex tort)
  2. 2 Whether any of the jurisdictional gateways (tort, property, necessary or proper party) are satisfied
  3. 3 Whether there is a serious issue to be tried on the merits against Maître Zabaldano

Ratio Decidendi

The English court has jurisdiction over Maître Zabaldano because Lakatamia established a good arguable case under the tort, property, and necessary or proper party gateways; there is a serious issue to be tried on the merits regarding his alleged participation in the conspiracy and related torts; and England is clearly the appropriate forum as the claims are founded on English court orders and judgments, and parallel proceedings in Monaco would risk inconsistent outcomes and be inefficient.

Court Disposition

Application dismissed; English court retains jurisdiction over Third Defendant.

Orders

  • Maître Zabaldano’s application to set aside service of the claim form for lack of jurisdiction is dismissed.