A. S. ONASSIS v. H. P. DREWRY, S.A.R.L., AND OTHERS.

(1948) 82 Ll.L.Rep. 565

KING'S BENCH DIVISION.

Before Mr. Justice Humphreys.

Contract-Nullity-French company-Non-existence - Enforcement of award of damages for breach-Conflict of laws- Capacity-Charter-party entered into between plaintiff, as owner, and first defendants (French private limited liability company), as charterers - Breach by plaintiff - Arbitration - Award of damages in favour of charterers - Proceedings to enforce award successfully taken by first defendants both in England and in United States -Present action brought by plaintiff against first defendants and second defendant (liquidator of first defendants) claiming declarations that first defendants, when charter-party was entered into, were non-existent as a private limited liability company under French law, and that therefore award and subsequent Court orders were null and void; also, against third defendants (solicitors acting for first and second defendants) claiming declaration that they were liable, on the ground of breach of warranty of authority, to indemnify plaintiff against costs incurred by him in such proceedings-Evidence of French law -Res judicata - Estoppel - Whether plaintiff aware (when defendants' claim for breach was adjudicated upon) that defence of non-existence of first defendant company was open to him- Onus of proof. Practice - Costs - Security for costs - Sum paid in by foreign plaintiff - Plaintiff successful in action-Stay of execution pending appeal by defendants -Right of plaintiff to payment out.