Masri v Consolidated Contractors International Company SAL & Ors

Masri v Consolidated Contractors International Company SAL & Ors

The application to strike out the committal application is dismissed because the issues raised—including the meaning of 'director' or 'officer', adequacy of particulars, procedural defects, and alleged abuse of process—are arguable and require factual determination at the substantive hearing. The evidence is not all one way, and the court cannot resolve disputed facts or exercise the dispensing power on a summary basis. Procedural defects, if any, may be waived if no injustice is caused. The application notice and evidence disclose a case to answer, and the committal application should proceed to a full hearing.

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 / Ruling on Application to Strike Out Committal Application Prior to Substantive Hearing
Outcome
Application to strike out committal application dismissed
Legal Topics
Committal for Contempt, Directors' Liability, Procedural Requirements for Committal, Abuse of Process, Interpretation of 'officer' and 'director', Service and Penal Notice Requirements
Civil Procedure Contempt of Court Enforcement of Judgments Committal for Contempt Directors' Liability Procedural Requirements for Committal Abuse of Process Interpretation of 'officer' and 'director' +1 more

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 / Ruling on Application to Strike Out Committal Application Prior to Substantive Hearing

Legal Issues

  1. 1 Whether the committal application against Mr Wael Khoury should be struck out for lack of reasonable grounds, procedural defects, or abuse of process
  2. 2 Whether the terms 'director' or 'officer' in RSC O.45, r.5 include de facto or shadow directors under English or Lebanese law
  3. 3 Whether failure to name Mr Wael Khoury in penal notices or serve orders before expiry of compliance time is fatal to the application

Ratio Decidendi

The application to strike out the committal application is dismissed because the issues raised—including the meaning of 'director' or 'officer', adequacy of particulars, procedural defects, and alleged abuse of process—are arguable and require factual determination at the substantive hearing. The evidence is not all one way, and the court cannot resolve disputed facts or exercise the dispensing power on a summary basis. Procedural defects, if any, may be waived if no injustice is caused. The application notice and evidence disclose a case to answer, and the committal application should proceed to a full hearing.

Court Disposition

Application to strike out committal application dismissed

Orders

  • The committal application against Mr Wael Khoury is not struck out and will proceed to a substantive hearing.
  • The court will hear parties on consequential matters.