ST Shipping And Transport Pte Ltd & Ors v Space Shipping Ltd & Anor (Rev 1)

ST Shipping And Transport Pte Ltd & Ors v Space Shipping Ltd & Anor (Rev 1)

The stakeholder claim was properly issued under CPR Part 86 as there were competing claims to the debt, including a foreign attachment. However, with the Rule B attachment vacated and no enforceable proprietary claim by the head owners, the sums in the stakeholder account should be paid to the disponent owners, subject to payment of sums indisputably due to the head owners under registered judgments via Third Party Debt Orders.

Parties
Claimant: ST Shipping and Transport PTE LTD; Claimant: Glencore International AG; Claimant: Glencore PLC; Defendant: Space Shipping Ltd; Defendant: Psara Energy Ltd
Jurisdiction
England and Wales
Judgment Date
06 February 2018
Procedural Posture
Stakeholder Claim (cpr Part 86) / Judgment on Stakeholder Application
Outcome
Stakeholder claim allowed; payment out ordered
Legal Topics
Stakeholder Relief, Competing Claims, Third Party Debt Orders, Arbitration Awards Enforcement, Rule B Attachment
Civil Procedure Arbitration Shipping Law Stakeholder Relief Competing Claims Third Party Debt Orders Arbitration Awards Enforcement Rule B Attachment

Case Brief

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Parties

ST Shipping and Transport PTE LTD

Claimant

Glencore International AG

Claimant

Glencore PLC

Claimant

Space Shipping Ltd

Defendant

Psara Energy Ltd

Defendant

Procedural Posture

Stakeholder Claim (cpr Part 86) / Judgment on Stakeholder Application

Legal Issues

  1. 1 Whether the stakeholder claim falls within CPR Part 86 given the existence of arbitration awards and foreign proceedings
  2. 2 Whether sums held in the stakeholder account should be paid to the disponent owners or withheld pending US proceedings
  3. 3 Whether the head owners have a proprietary claim by virtue of the Rule B attachment order

Ratio Decidendi

The stakeholder claim was properly issued under CPR Part 86 as there were competing claims to the debt, including a foreign attachment. However, with the Rule B attachment vacated and no enforceable proprietary claim by the head owners, the sums in the stakeholder account should be paid to the disponent owners, subject to payment of sums indisputably due to the head owners under registered judgments via Third Party Debt Orders.

Court Disposition

Stakeholder claim allowed; payment out ordered

Orders

  • Sums in the stakeholder account to be paid to the disponent owners, subject to payment of amounts due to the head owners under registered judgments via Third Party Debt Orders.
  • Parties to draw up an order to give effect to the judgment.