Korea Shipbuilding & Offshore Engineering Co, Ltd & Anor v F Whale Corporation TMT Co, Ltd [2020] EWHC 1792 (Comm) (09 July 2020)

Korea Shipbuilding & Offshore Engineering Co, Ltd & Anor v F Whale Corporation TMT Co, Ltd [2020] EWHC 1792 (Comm) (09 July 2020)

The Defendants failed to establish a reasonable prospect of success at trial on any of the suggested defences. Even accepting, with caution, that there was a good reason for non-attendance, the absence of a viable defence meant the application to set aside the judgment must be dismissed.

Citation
[2020] EWHC 1792 (Comm)
Parties
Claimant: Korea Shipbuilding & Offshore Engineering Co., Ltd; Claimant: Hyundai Heavy Industries Co., Ltd; Claimant: Hyundai Samho Heavy Industries Co., Ltd; Defendant: F Whale Corporation; Defendant: TMT Co., Ltd; Defendant: B Ladybug Corporation; Defendant: E Elephant Inc
Jurisdiction
England and Wales
Judgment Date
09 July 2020
Procedural Posture
Commercial Debt Claim / Application to Set Aside Judgment Under CPR 39.3
Outcome
Application to set aside judgment dismissed
Legal Topics
Setting Aside Judgment, Absence at Trial, Shipbuilding Contracts, Guarantees, Reasonable Prospect of Success
Commercial Law Civil Procedure Setting Aside Judgment Absence at Trial Shipbuilding Contracts Guarantees Reasonable Prospect of Success

Case Brief

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Parties

Korea Shipbuilding & Offshore Engineering Co., Ltd

Claimant

Hyundai Heavy Industries Co., Ltd

Claimant

Hyundai Samho Heavy Industries Co., Ltd

Claimant

F Whale Corporation

Defendant

TMT Co., Ltd

Defendant

B Ladybug Corporation

Defendant

E Elephant Inc

Defendant

Procedural Posture

Commercial Debt Claim / Application to Set Aside Judgment Under CPR 39.3

Legal Issues

  1. 1 Whether the Defendants had a good reason for not attending trial
  2. 2 Whether the Defendants acted promptly
  3. 3 Whether the Defendants have a reasonable prospect of success at trial

Ratio Decidendi

The Defendants failed to establish a reasonable prospect of success at trial on any of the suggested defences. Even accepting, with caution, that there was a good reason for non-attendance, the absence of a viable defence meant the application to set aside the judgment must be dismissed.

Court Disposition

Application to set aside judgment dismissed

Orders

  • Defendants' application to set aside the judgment and related orders is dismissed