Alliance Petrochemical Investment (Singapore) PTE Ltd v Mazzagatti & Anor [2025] EWHC 2973 (Comm) (03 December 2025)

Alliance Petrochemical Investment (Singapore) PTE Ltd v Mazzagatti & Anor [2025] EWHC 2973 (Comm) (03 December 2025)

The Part 20 Claim against the Directors (Second to Fourth Third Parties) discloses no serious issue to be tried and is struck out in its entirety as against them; the Part 20 Claim against Mr Jahanpour (First Third Party) discloses a serious issue to be tried in respect of all categories of alleged misappropriation and is permitted to proceed. The permission for service out is set aside as against the Directors but maintained as against Mr Jahanpour.

Citation
[2025] EWHC 2973 (Comm)
Parties
Claimant: Alliance Petrochemical Investment (Singapore) Pte Ltd; Defendant: Francesco Mazzagatti; Defendant: Francesco Dixit Dominus; Third Party: Arshiya Jahanpour; Third Party: Claudio Zacchigna; Third Party: Ngoo Sin Hung (Justin); Third Party: Roberto Ripepi
Jurisdiction
England and Wales
Judgment Date
03 December 2025
Procedural Posture
Commercial Court Claim With Part 20 (contribution/indemnity) Proceedings / Interim Application to Set Aside Permission for Service Out of Jurisdiction on Part 20 Defendants
Outcome
Applications to set aside permission for service out granted in part: set aside as against the Directors (Second to Fourth Third Parties), refused as against Mr Jahanpour (First Third Party).
Legal Topics
Contribution Under Civil Liability (contribution) Act 1978, Jurisdiction and Service Out of Jurisdiction, Directors' Duties and Shadow Directorship, Misappropriation and Breach of Fiduciary Duty, Dishonest Assistance, Knowing Receipt, Unjust Enrichment, Conversion, Conspiracy, Summary Judgment/serious Issue to Be Tried, Full and Frank Disclosure in Ex Parte Applications
Commercial Law Company Law Civil Procedure Contribution Under Civil Liability (contribution) Act 1978 Jurisdiction and Service Out of Jurisdiction Directors' Duties and Shadow Directorship Misappropriation and Breach of Fiduciary Duty Dishonest Assistance +6 more

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Parties

Alliance Petrochemical Investment (Singapore) Pte Ltd

Claimant

Francesco Mazzagatti

Defendant

Francesco Dixit Dominus

Defendant

Arshiya Jahanpour

Third Party

Claudio Zacchigna

Third Party

Ngoo Sin Hung (Justin)

Third Party

Roberto Ripepi

Third Party

Procedural Posture

Commercial Court Claim With Part 20 (contribution/indemnity) Proceedings / Interim Application to Set Aside Permission for Service Out of Jurisdiction on Part 20 Defendants

Legal Issues

  1. 1 Whether the Part 20 Claim against the Third Parties discloses a serious issue to be tried for contribution under the Civil Liability (Contribution) Act 1978
  2. 2 Whether the permission for service out of the jurisdiction should be set aside for lack of full and frank disclosure or lack of merit
  3. 3 Whether the pleaded claims against the Third Parties are properly particularised and viable in law

Ratio Decidendi

The Part 20 Claim against the Directors (Second to Fourth Third Parties) discloses no serious issue to be tried and is struck out in its entirety as against them; the Part 20 Claim against Mr Jahanpour (First Third Party) discloses a serious issue to be tried in respect of all categories of alleged misappropriation and is permitted to proceed. The permission for service out is set aside as against the Directors but maintained as against Mr Jahanpour.

Court Disposition

Applications to set aside permission for service out granted in part: set aside as against the Directors (Second to Fourth Third Parties), refused as against Mr Jahanpour (First Third Party).

Orders

  • Permission for service out of the jurisdiction on the Second to Fourth Third Parties (Directors) is set aside and the Part 20 Claim against them is struck out.
  • Permission for service out of the jurisdiction on the First Third Party (Mr Jahanpour) is maintained and the Part 20 Claim against him may proceed.