CIMC Raffles Offshore (Singapore) Pte Ltd v Schahin Holding SA (Rev 1)

CIMC Raffles Offshore (Singapore) Pte Ltd v Schahin Holding SA (Rev 1)

The court has no power to make an order under CPR Part 71 against an individual who is not within the jurisdiction at the time of the application and at the time the order is made. Both applicants were outside the jurisdiction at the relevant times, so the orders were not lawfully made and must be set aside.

Parties
Claimant/respondent: CIMC Raffles Offshore (Singapore) Pte Ltd; Claimant/respondent: Yantal CIMC Raffles Offshore Ltd; Defendant/applicant: Schahin Holding SA; Defendant/applicant: Salim Taufic Schahin; Defendant/applicant: Fernando Schahin
Jurisdiction
England and Wales
Judgment Date
09 May 2014
Procedural Posture
Commercial Enforcement / Application to Set Aside CPR Part 71 Orders
Outcome
applications to set aside orders under CPR Part 71 granted
Legal Topics
Jurisdiction, Enforcement of Judgments, CPR Part 71, Officer Examination
Civil Procedure Commercial Law Jurisdiction Enforcement of Judgments CPR Part 71 Officer Examination

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

CIMC Raffles Offshore (Singapore) Pte Ltd

Claimant/respondent

Yantal CIMC Raffles Offshore Ltd

Claimant/respondent

Schahin Holding SA

Defendant/applicant

Salim Taufic Schahin

Defendant/applicant

Fernando Schahin

Defendant/applicant

Procedural Posture

Commercial Enforcement / Application to Set Aside CPR Part 71 Orders

Legal Issues

  1. 1 Whether the court had jurisdiction to make orders under CPR Part 71 against individuals not present within the jurisdiction at the time of application and order
  2. 2 Whether the orders should be set aside as a matter of discretion

Ratio Decidendi

The court has no power to make an order under CPR Part 71 against an individual who is not within the jurisdiction at the time of the application and at the time the order is made. Both applicants were outside the jurisdiction at the relevant times, so the orders were not lawfully made and must be set aside.

Court Disposition

applications to set aside orders under CPR Part 71 granted

Orders

  • Orders made against Salim Taufic Schahin and Fernando Schahin under CPR Part 71 are set aside.