Lakatamia Shipping Company Ltd & Ors v Su & Ors

Lakatamia Shipping Company Ltd & Ors v Su & Ors

The court held that the committal proceedings are not stayed by the defendant's bankruptcy as they are punitive and not for enforcement of a debt, and that it is just and efficient to allow the claimant to re-amend its committal application notice to add further alleged contempts, as the defendant will have adequate opportunity to respond and no unfair prejudice arises.

Parties
Claimant/applicant: Lakatamia Shipping Company Limited; Claimant: Slagen Shipping Co. Ltd; Claimant: Kition Shipping Co. Ltd; Claimant: Polys Haji-Ioannou; Defendant/respondent: Nobu Su (aka Su Hsin Chi; aka Nobu Morimoto); Defendant: TMT Co. Limited; Defendant: TMT Asia Limited; Defendant: Taiwan Maritime Transportation Co. Limited; Defendant: TMT Company Ltd Panama S. A.; Defendant: TMT Co. Ltd Liberia; Defendant: Iron Monger 1 Co. Ltd
Jurisdiction
England and Wales
Judgment Date
11 December 2020
Procedural Posture
Committal Application (civil Contempt) / Application to Re Amend Committal Application Notice
Outcome
Application granted
Legal Topics
Committal for Contempt, Bankruptcy and Effect on Proceedings, Disclosure Obligations, Freezing Orders
Civil Procedure Insolvency Contempt of Court Committal for Contempt Bankruptcy and Effect on Proceedings Disclosure Obligations Freezing Orders

Case Brief

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Parties

Lakatamia Shipping Company Limited

Claimant/applicant

Slagen Shipping Co. Ltd

Claimant

Kition Shipping Co. Ltd

Claimant

Polys Haji-Ioannou

Claimant

Nobu Su (aka Su Hsin Chi; aka Nobu Morimoto)

Defendant/respondent

TMT Co. Limited

Defendant

TMT Asia Limited

Defendant

Taiwan Maritime Transportation Co. Limited

Defendant

TMT Company Ltd Panama S. A.

Defendant

TMT Co. Ltd Liberia

Defendant

Iron Monger 1 Co. Ltd

Defendant

Procedural Posture

Committal Application (civil Contempt) / Application to Re Amend Committal Application Notice

Legal Issues

  1. 1 Whether the claimant may re-amend its committal application notice to add further alleged contempts
  2. 2 Whether the bankruptcy of the defendant precludes continuation of committal proceedings without leave of court
  3. 3 Whether the addition of further contempts is unfair or prejudicial to the defendant

Ratio Decidendi

The court held that the committal proceedings are not stayed by the defendant's bankruptcy as they are punitive and not for enforcement of a debt, and that it is just and efficient to allow the claimant to re-amend its committal application notice to add further alleged contempts, as the defendant will have adequate opportunity to respond and no unfair prejudice arises.

Court Disposition

Application granted

Orders

  • Claimant granted leave to re-amend its committal application notice to incorporate additional alleged contempts