Lakatamia Shipping Company Ltd & Ors v Su & Ors

Lakatamia Shipping Company Ltd & Ors v Su & Ors

No material change of circumstance exists to justify discharge or variation of freezing, disclosure, or search orders; bankruptcy was already considered and does not affect these orders. The adjournment of asset examination is an agreed change of circumstance, justifying continuation of passport/jurisdiction orders until end of July to allow resolution of annulment application and potential further examination. Claimants are permitted to use relevant documents for proceedings. Mr. Su must disclose the source of legal funding as per court order.

Parties
Claimant: Lakatamia Shipping Company Limited and Others; Defendant: Nobu Su and Others
Jurisdiction
England and Wales
Judgment Date
15 April 2021
Procedural Posture
Commercial Court Application / Ruling on Applications to Vary/discharge Orders and Ancillary Applications
Outcome
Passport/jurisdiction orders continued until 31 July; freezing, disclosure, and search orders remain; Claimants permitted to use documents; Mr. Su ordered to disclose source of legal funding.
Legal Topics
Freezing Orders, Bankruptcy, Disclosure Orders, Passport/jurisdiction Orders, Contempt of Court
Insolvency Civil Procedure Asset Tracing Freezing Orders Bankruptcy Disclosure Orders Passport/jurisdiction Orders Contempt of Court

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Parties

Lakatamia Shipping Company Limited and Others

Claimant

Nobu Su and Others

Defendant

Procedural Posture

Commercial Court Application / Ruling on Applications to Vary/discharge Orders and Ancillary Applications

Legal Issues

  1. 1 Whether there is a change of circumstance justifying variation/discharge of freezing, disclosure, search, and passport/jurisdiction orders
  2. 2 Whether bankruptcy constitutes a change of circumstance
  3. 3 Whether Claimants may use documents obtained under search order

Ratio Decidendi

No material change of circumstance exists to justify discharge or variation of freezing, disclosure, or search orders; bankruptcy was already considered and does not affect these orders. The adjournment of asset examination is an agreed change of circumstance, justifying continuation of passport/jurisdiction orders until end of July to allow resolution of annulment application and potential further examination. Claimants are permitted to use relevant documents for proceedings. Mr. Su must disclose the source of legal funding as per court order.

Court Disposition

Passport/jurisdiction orders continued until 31 July; freezing, disclosure, and search orders remain; Claimants permitted to use documents; Mr. Su ordered to disclose source of legal funding.

Orders

  • Passport/jurisdiction orders continued until 31 July 2021
  • Freezing, disclosure, and search orders remain in place