Masri v Consolidated Contractors International Company SAL & Ors [2010] EWHC 2458 (Comm) (06 October 2010)

Masri v Consolidated Contractors International Company SAL & Ors [2010] EWHC 2458 (Comm) (06 October 2010)

The application to strike out the committal proceedings against Mr Wael Khoury is refused. The applicant's case that Mr Khoury may be liable as an officer, de facto or shadow director is arguable and not plainly unmaintainable. Procedural defects alleged (lack of particulars, penal notice, service) do not justify striking out at this stage, as the court has discretion to waive such defects if no injustice is caused and the issues are best determined at the substantive hearing.

Citation
[2010] EWHC 2458 (Comm)
Parties
Applicant: Munib Masri; First Respondent: Consolidated Contractors International Company SAL; Second Respondent: Consolidated Contractors (Oil and Gas) Company SAL; Third Respondent: Wael S. Khoury
Jurisdiction
England and Wales
Judgment Date
06 October 2010
Procedural Posture
Committal Application (contempt of Court) / Strike Out Application by Third Respondent
Outcome
Strike out application refused; committal application to proceed against Mr Wael Khoury.
Legal Topics
Committal for Contempt, Directors' Liability, Procedural Requirements for Committal, Enforcement Against Corporate Officers, Service and Penal Notice Requirements
Civil Procedure Contempt of Court Enforcement of Judgments Committal for Contempt Directors' Liability Procedural Requirements for Committal Enforcement Against Corporate Officers Service and Penal Notice Requirements

Case Brief

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Parties

Munib Masri

Applicant

Consolidated Contractors International Company SAL

First Respondent

Consolidated Contractors (Oil and Gas) Company SAL

Second Respondent

Wael S. Khoury

Third Respondent

Procedural Posture

Committal Application (contempt of Court) / Strike Out Application by Third Respondent

Legal Issues

  1. 1 Whether the committal application against Mr Wael Khoury should be struck out for lack of reasonable grounds, abuse of process, or procedural defects
  2. 2 Whether Mr Khoury can be liable as a de facto or shadow director or officer under RSC O.45, r.5
  3. 3 Whether procedural requirements (service, penal notice, particulars) have been met or can be waived

Ratio Decidendi

The application to strike out the committal proceedings against Mr Wael Khoury is refused. The applicant's case that Mr Khoury may be liable as an officer, de facto or shadow director is arguable and not plainly unmaintainable. Procedural defects alleged (lack of particulars, penal notice, service) do not justify striking out at this stage, as the court has discretion to waive such defects if no injustice is caused and the issues are best determined at the substantive hearing.

Court Disposition

Strike out application refused; committal application to proceed against Mr Wael Khoury.

Orders

  • The committal application against Mr Wael Khoury is not struck out and will proceed to substantive hearing.
  • Issues regarding procedural defects and applicable law to be determined at the substantive hearing.