Clearlake Shipping Pte Ltd & Anor v Xiang Da Marine Pte Ltd

Clearlake and Gunvor are entitled to interim anti-suit injunctions in the precise form set out, permission for alternative service is granted due to practical difficulties and appropriateness, and costs are to be assessed on the indemnity basis with specified sums ordered on account.

Parties: Claimant: Clearlake Shipping Pte Ltd; Claimant: Gunvor Singapore Pte Ltd; Defendant: Xiang Da Marine Pte Ltd
Jurisdiction: England and Wales
Judgment Date: 10 October 2019
Procedural Posture: Commercial / Judgment on Consequential Matters Following Interim Anti Suit Injunctions
Outcome: Interim injunctions confirmed; alternative service permitted; costs awarded on indemnity basis with payment on account ordered.
Legal Topics: Anti Suit Injunctions, Alternative Service, Costs Assessment

Commercial Law Civil Procedure Anti Suit Injunctions Alternative Service Costs Assessment

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 4

Parties

Clearlake Shipping Pte Ltd

Claimant

Gunvor Singapore Pte Ltd

Claimant

Xiang Da Marine Pte Ltd

Defendant

Procedural Posture

Commercial / Judgment on Consequential Matters Following Interim Anti Suit Injunctions

Legal Issues

1 Form of interim injunctions to restrain foreign proceedings
2 Whether to permit alternative service of the order
3 Basis and assessment of costs

Ratio Decidendi

Court Disposition

Interim injunctions confirmed; alternative service permitted; costs awarded on indemnity basis with payment on account ordered.

Orders

Interim anti-suit injunctions in the form set out in the order granted to Clearlake and Gunvor.
Permission for alternative service on Xiang Da and its directors by post, hand, or email as specified.