Western Bulk Shipowning III A/S v (Carbofer Maritime Trading APS & Ors

Western Bulk Shipowning III A/S v (Carbofer Maritime Trading APS & Ors

The Owners failed to establish a good arguable case that the SeaTask charter was not genuine or that it was subject to English law and arbitration. The evidence did not show a real risk of dissipation of assets by OceanTask or SeaTask. Therefore, the freezing injunctions could not be continued and must be discharged.

Parties
Claimant: Western Bulk Shipowning III A/S; Defendant: Carbofer Maritime Trading ApS; Defendant: OceanTask Corp; Defendant: SeaTask Corp
Jurisdiction
England and Wales
Judgment Date
11 May 2012
Procedural Posture
Commercial Court Application (freezing Injunction) / Ruling on Application to Continue or Discharge Worldwide Freezing Injunction
Outcome
Freezing injunctions discharged
Legal Topics
Freezing Injunctions, Lien on Sub Hire, Jurisdiction, Assignment of Debts, Arbitration Clauses, Risk of Dissipation, Set Off, Fraudulent Preference
Commercial Law Maritime Law Arbitration Freezing Injunctions Lien on Sub Hire Jurisdiction Assignment of Debts Arbitration Clauses +3 more

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Parties

Western Bulk Shipowning III A/S

Claimant

Carbofer Maritime Trading ApS

Defendant

OceanTask Corp

Defendant

SeaTask Corp

Defendant

Procedural Posture

Commercial Court Application (freezing Injunction) / Ruling on Application to Continue or Discharge Worldwide Freezing Injunction

Legal Issues

  1. 1 Whether the Owners have a good arguable case for claims against CMT and through the charter chain
  2. 2 Whether the claims fall within the lien clause and can be enforced against sub-charterers
  3. 3 Whether the SeaTask charter is subject to English law and arbitration or Greek law and arbitration

Ratio Decidendi

The Owners failed to establish a good arguable case that the SeaTask charter was not genuine or that it was subject to English law and arbitration. The evidence did not show a real risk of dissipation of assets by OceanTask or SeaTask. Therefore, the freezing injunctions could not be continued and must be discharged.

Court Disposition

Freezing injunctions discharged

Orders

  • The worldwide freezing injunctions granted by Popplewell J are discharged.
  • No continuation of the injunction against OceanTask or SeaTask.