Lakatamia Shipping Co Limited v Nobu Su (aka Su Hsin Chi; aka Nobu Morimoto) & Ors.

Lakatamia Shipping Co Limited v Nobu Su (aka Su Hsin Chi; aka Nobu Morimoto) & Ors.

The court found that Madam Su was not a credible witness and had lied about her knowledge, involvement, and receipt of proceeds. On the evidence, Madam Su owned and controlled the relevant companies, knew of the freezing order and judgment debt, and participated in conspiracies to dissipate the proceeds of the Monaco villas and aeroplane in breach of the freezing order, intending to injure Lakatamia. The elements of unlawful means conspiracy and the Marex tort were satisfied under English law (and, if applicable, Monaco law). Damages were awarded for the sums dissipated. Punitive damages were refused as not justified on the facts.

Parties
Claimant: Lakatamia Shipping Co Limited; First Defendant: Nobu Su (aka Su Hsin Chi; aka Nobu Morimoto); Second Defendant: Toshiko Morimoto (aka Madam Su); 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 Civil Claim / Final Judgment After Trial
Outcome
Judgment for the claimant (Lakatamia) against Madam Su and the corporate defendants on both unlawful means conspiracy and the Marex tort. Damages awarded. Punitive damages refused.
Legal Topics
Unlawful Means Conspiracy, Freezing Orders, Asset Dissipation, Enforcement of Judgments, Inducing Breach of Judgment (marex Tort), Applicable Law (rome Ii), Fraud, Disclosure and Adverse Inferences
Civil Procedure Commercial Law Tort Law Private International Law Unlawful Means Conspiracy Freezing Orders Asset Dissipation Enforcement of Judgments +4 more

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Parties

Lakatamia Shipping Co Limited

Claimant

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

First Defendant

Toshiko Morimoto (aka Madam Su)

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 Civil Claim / Final Judgment After Trial

Legal Issues

  1. 1 Whether the defendants, including Madam Su, conspired to injure Lakatamia by unlawful means through dissipation of assets in breach of a worldwide freezing order and judgment debt.
  2. 2 Whether Madam Su and corporate defendants knew of the freezing order and judgment debt.
  3. 3 Whether the defendants' actions constituted unlawful means conspiracy and/or the Marex tort under English and/or Monaco law.

Ratio Decidendi

The court found that Madam Su was not a credible witness and had lied about her knowledge, involvement, and receipt of proceeds. On the evidence, Madam Su owned and controlled the relevant companies, knew of the freezing order and judgment debt, and participated in conspiracies to dissipate the proceeds of the Monaco villas and aeroplane in breach of the freezing order, intending to injure Lakatamia. The elements of unlawful means conspiracy and the Marex tort were satisfied under English law (and, if applicable, Monaco law). Damages were awarded for the sums dissipated. Punitive damages were refused as not justified on the facts.

Court Disposition

Judgment for the claimant (Lakatamia) against Madam Su and the corporate defendants on both unlawful means conspiracy and the Marex tort. Damages awarded. Punitive damages refused.

Orders

  • Defendants to pay compensatory damages of US$857,329.73 (aeroplane proceeds) and €27,127,855.01 (Monaco villa proceeds) to Lakatamia.
  • Defendants jointly and severally liable for damages under English law (and, if applicable, Monaco law).