Integral Petroleum SA v Petrogat FZE & Anor

Integral Petroleum SA v Petrogat FZE & Anor

Ms Mahdieh Sanchouli and Mr Hosseinali Sanchouli, as de facto directors, deliberately breached the Morgan and Waksman Injunctions by failing to sign the required letters and by taking steps to divert cargo to Iran, in conscious disregard of clear court orders. The committal application was not an abuse of process nor insufficiently particularised so as to cause injustice. Their breaches were sufficiently serious to warrant committal.

Parties
Claimant: Integral Petroleum SA; Defendant: Petrogat FZE; Defendant: San Trade GMBH; Third Party: Mr Klaus Sonnenberg; Third Party: Ms Mahdieh Sanchouli; Third Party: Mr Hosseinali Sanchouli; Third Party: Mr Kanybek Beisenov
Jurisdiction
England and Wales
Judgment Date
12 March 2020
Procedural Posture
Committal Application for Contempt of Court / Judgment After Hearing of Committal Application
Outcome
Application for committal allowed against Ms Mahdieh Sanchouli and Mr Hosseinali Sanchouli; dismissed against others.
Legal Topics
Contempt of Court, Injunctions, Director Liability, Abuse of Process
Civil Procedure Commercial Law Contempt of Court Injunctions Director Liability Abuse of Process

Case Brief

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Parties

Integral Petroleum SA

Claimant

Petrogat FZE

Defendant

San Trade GMBH

Defendant

Mr Klaus Sonnenberg

Third Party

Ms Mahdieh Sanchouli

Third Party

Mr Hosseinali Sanchouli

Third Party

Mr Kanybek Beisenov

Third Party

Procedural Posture

Committal Application for Contempt of Court / Judgment After Hearing of Committal Application

Legal Issues

  1. 1 Whether the Third Parties (Ms Mahdieh Sanchouli and Mr Hosseinali Sanchouli) committed contempt of court by breaching injunctive orders of the court
  2. 2 Whether the committal application should be struck out as an abuse of process or for lack of particularisation
  3. 3 Whether the directors were responsible for the company's breach of court orders

Ratio Decidendi

Ms Mahdieh Sanchouli and Mr Hosseinali Sanchouli, as de facto directors, deliberately breached the Morgan and Waksman Injunctions by failing to sign the required letters and by taking steps to divert cargo to Iran, in conscious disregard of clear court orders. The committal application was not an abuse of process nor insufficiently particularised so as to cause injustice. Their breaches were sufficiently serious to warrant committal.

Court Disposition

Application for committal allowed against Ms Mahdieh Sanchouli and Mr Hosseinali Sanchouli; dismissed against others.

Orders

  • Ms Mahdieh Sanchouli and Mr Hosseinali Sanchouli found in contempt of court for deliberate breaches of the Morgan and Waksman Injunctions.
  • Committal is appropriate; sentencing and consequential matters to be addressed after further submissions.