Lakatamia Shipping Co Ltd v Su & Ors [2021] EWHC 1907 (Comm) (08 July 2021)

Lakatamia Shipping Co Ltd v Su & Ors [2021] EWHC 1907 (Comm) (08 July 2021)

The court found that Madam Su and the relevant corporate defendants, with knowledge of the Blair Freezing Order and the judgment debt, combined with Mr Su to dissipate the proceeds of the Monaco villas and the private jet in breach of the freezing order, thereby injuring Lakatamia. The evidence, including documentary records, circumstantial facts, and adverse inferences from non-disclosure, established the elements of unlawful means conspiracy and the Marex tort. The claimant was entitled to judgment against Madam Su and the corporate defendants for the sums dissipated, with the action against Mr Su stayed due to bankruptcy.

Citation
[2021] EWHC 1907 (Comm)
Parties
Claimant: Lakatamia Shipping Co Limited; First Defendant: Nobu Su (aka Su Hsin Chi; aka Nobu Morimoto); Second Defendant: Toshiko Morimoto; Third Defendant: Portview Holdings Limited; Fourth Defendant: Cresta Overseas Limited; Fifth Defendant: UP Shipping Corporation; Sixth Defendant: Blue Diamond Sea Transport LLC
Jurisdiction
England and Wales
Judgment Date
08 July 2021
Procedural Posture
Commercial Court Claim for Conspiracy and Marex Tort / Final Judgment After Trial
Outcome
Judgment for the claimant against the Second, Third, Fourth, Fifth, and Sixth Defendants; action against the First Defendant stayed.
Legal Topics
Unlawful Means Conspiracy, Freezing Orders, Enforcement of Judgments, Fraudulent Dissipation of Assets, Marex Tort, Disclosure Obligations
Commercial Law Tort Law Civil Procedure Private International Law Unlawful Means Conspiracy Freezing Orders Enforcement of Judgments Fraudulent Dissipation of Assets +2 more

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Parties

Lakatamia Shipping Co Limited

Claimant

Nobu Su (aka Su Hsin Chi; aka Nobu Morimoto)

First Defendant

Toshiko Morimoto

Second Defendant

Portview Holdings Limited

Third Defendant

Cresta Overseas Limited

Fourth Defendant

UP Shipping Corporation

Fifth Defendant

Blue Diamond Sea Transport LLC

Sixth Defendant

Procedural Posture

Commercial Court Claim for Conspiracy and Marex Tort / Final Judgment After Trial

Legal Issues

  1. 1 Whether the defendants conspired to injure the claimant by unlawful means through dissipation of assets in breach of a worldwide freezing order
  2. 2 Whether the defendants are liable for the Marex tort (intentional violation of rights in a judgment debt)
  3. 3 Whether the defendants had knowledge of the freezing order and judgment debt

Ratio Decidendi

The court found that Madam Su and the relevant corporate defendants, with knowledge of the Blair Freezing Order and the judgment debt, combined with Mr Su to dissipate the proceeds of the Monaco villas and the private jet in breach of the freezing order, thereby injuring Lakatamia. The evidence, including documentary records, circumstantial facts, and adverse inferences from non-disclosure, established the elements of unlawful means conspiracy and the Marex tort. The claimant was entitled to judgment against Madam Su and the corporate defendants for the sums dissipated, with the action against Mr Su stayed due to bankruptcy.

Court Disposition

Judgment for the claimant against the Second, Third, Fourth, Fifth, and Sixth Defendants; action against the First Defendant stayed.

Orders

  • Defendants to pay damages to Lakatamia in the amount of the dissipated assets (Monaco Sale Proceeds and Aeroplane Sale Proceeds)
  • Defendants subject to enforcement orders as necessary to recover the judgment debt