Lakatamia Shipping Co Ltd v Nobu Su/Hsin Chi Su (aka Su Hsin Chi; aka Nobu Morimoto) & Ors

Lakatamia Shipping Co Ltd v Nobu Su/Hsin Chi Su (aka Su Hsin Chi; aka Nobu Morimoto) & Ors

The Babanaft proviso does not shield persons outside the jurisdiction from civil liability for unlawful means conspiracy; all three defendants are liable for unlawful means conspiracy for dissipating funds in breach of a worldwide freezing order.

Parties
Appellant/claimant: Lakatamia Shipping Co. Ltd; Respondent/defendant: Nobu Su/Hsin Chi Su (aka Su Hsin Chi; aka Nobu Morimoto); Respondent/defendant: Chang Tai-Chou; Respondent/defendant: Arnaud Zabaldano
Jurisdiction
England and Wales
Judgment Date
11 May 2025
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Unlawful Means Conspiracy, Worldwide Freezing Order, Inducement of Breach of Judgment, Babanaft Proviso, Marex Tort
Commercial Law Civil Procedure Tort Law Unlawful Means Conspiracy Worldwide Freezing Order Inducement of Breach of Judgment Babanaft Proviso Marex Tort

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Parties

Lakatamia Shipping Co. Ltd

Appellant/claimant

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

Respondent/defendant

Chang Tai-Chou

Respondent/defendant

Arnaud Zabaldano

Respondent/defendant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Babanaft proviso provides a defence to liability for unlawful means conspiracy to persons outside the jurisdiction
  2. 2 Whether all defendants are liable for unlawful means conspiracy for dissipation of funds in breach of a worldwide freezing order
  3. 3 Whether the Marex tort applies to inducement of breach of rights under a judgment

Ratio Decidendi

The Babanaft proviso does not shield persons outside the jurisdiction from civil liability for unlawful means conspiracy; all three defendants are liable for unlawful means conspiracy for dissipating funds in breach of a worldwide freezing order.

Court Disposition

appeal allowed

Orders

  • Set aside paragraph 1 of the Deputy High Court Judge's order
  • Enter judgment for Lakatamia Shipping Co. Ltd against all defendants