OCM Maritime Nile LLC & Anor v Courage Shipping Co & Ors

OCM Maritime Nile LLC & Anor v Courage Shipping Co & Ors

The court found beyond reasonable doubt that Mr Mallah was validly served with the Knowles J Order, failed to comply by the deadline, made false statements regarding his knowledge of the order, his presence in Greece, and his instruction of solicitors, and failed to disclose all assets as required. These breaches were deliberate, substantial, and continuing, justifying committal and confiscation orders.

Parties
Claimant: OCM Maritime Nile LLC; Claimant: OCM Maritime Kama LLC; Defendant: Courage Shipping Co.; Defendant: Amethyst Ventures Co.; Defendant: Oryx Shipping Ltd; Defendant: Abdul Jalil Mallah
Jurisdiction
England and Wales
Judgment Date
21 May 2024
Procedural Posture
Contempt of Court Application / Judgment After Final Hearing
Outcome
Contempt of court established against Abdul Jalil Mallah on Counts 1, 2, and 3; Count 4 not established.
Legal Topics
Breach of Court Order, False Statements, Asset Disclosure, Committal Proceedings
Civil Procedure Contempt of Court Asset Recovery Breach of Court Order False Statements Asset Disclosure Committal Proceedings

Case Brief

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Parties

OCM Maritime Nile LLC

Claimant

OCM Maritime Kama LLC

Claimant

Courage Shipping Co.

Defendant

Amethyst Ventures Co.

Defendant

Oryx Shipping Ltd

Defendant

Abdul Jalil Mallah

Defendant

Procedural Posture

Contempt of Court Application / Judgment After Final Hearing

Legal Issues

  1. 1 Whether Abdul Jalil Mallah was in contempt of court for breaching the Knowles J Order by failing to serve an affidavit of assets by the stipulated date
  2. 2 Whether Abdul Jalil Mallah knowingly made false statements in a witness statement and affidavit
  3. 3 Whether Abdul Jalil Mallah failed to give a complete account of his assets as required by court order

Ratio Decidendi

The court found beyond reasonable doubt that Mr Mallah was validly served with the Knowles J Order, failed to comply by the deadline, made false statements regarding his knowledge of the order, his presence in Greece, and his instruction of solicitors, and failed to disclose all assets as required. These breaches were deliberate, substantial, and continuing, justifying committal and confiscation orders.

Court Disposition

Contempt of court established against Abdul Jalil Mallah on Counts 1, 2, and 3; Count 4 not established.

Orders

  • Abdul Jalil Mallah committed to prison for 18 months (18 months on Count 2; 9 months each on Counts 1 and 3, concurrent)
  • Warrant for arrest of Abdul Jalil Mallah to be issued