Horwarth vs Pinchon and others (Civil Side No 13 of 2009) [2013] SCSC 62 (22 July 2013)

Horwarth vs Pinchon and others (Civil Side No 13 of 2009) [2013] SCSC 62 (22 July 2013)

Plaintiff failed to prove on a balance of probabilities that he is the beneficial owner of the vessel, that there was an agreement to form a company with him as main shareholder, or that the defendants fraudulently acquired ownership. Defendants established bona fide purchase and proper registration and insurance of the vessel.

Citation
[2013] SCSC 62
Parties
Plaintiff: Robert Horwath; 1st Defendant: Gilles Andre Paul Pinchon; 2nd Defendant: Chantal Marthe Pinchon; 3rd Defendant: Eliteexcursions Company
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
22 July 2013
Case Number
Civil Side No 13 of 2009
Procedural Posture
Admiralty Action in Personam / Judgment
Outcome
Plaintiff's claim dismissed; defendants' counterclaim allowed.
Legal Topics
Ownership of Vessel, Beneficial Ownership, Company Formation Agreement, Counterclaim for Moral Damages
Source Language
English
Admiralty Commercial Law Ownership of Vessel Beneficial Ownership Company Formation Agreement Counterclaim for Moral Damages

Case Brief

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Parties

Robert Horwath

Plaintiff

Gilles Andre Paul Pinchon

1st Defendant

Chantal Marthe Pinchon

2nd Defendant

Eliteexcursions Company

3rd Defendant

Procedural Posture

Admiralty Action in Personam / Judgment

Legal Issues

  1. 1 Whether the plaintiff is the beneficial owner of the vessel 'TIP SEA'
  2. 2 Whether there was an agreement to form a company with the plaintiff as main shareholder to manage the vessel
  3. 3 Whether the defendants fraudulently acquired ownership of the vessel

Ratio Decidendi

Plaintiff failed to prove on a balance of probabilities that he is the beneficial owner of the vessel, that there was an agreement to form a company with him as main shareholder, or that the defendants fraudulently acquired ownership. Defendants established bona fide purchase and proper registration and insurance of the vessel.

Court Disposition

Plaintiff's claim dismissed; defendants' counterclaim allowed.

Orders

  • Plaintiff's claim dismissed
  • Judgment for defendants on counterclaim in the sum of Rs100,000 with costs