Linsen International Ltd and Ors v Humpuss Sea Transport Pte Ltd and Ors - QBD (Comm Ct)(Flaux J) - 14 September 2011

Practice - Freezing injunction – Piercing of corporate veil - Whether corporate abuse - Whether veil could be pierced so as to make certain defendants liable under underlying charterparties and guarantees - Whether injunction should be continued

The claimants were all companies in the “Empire” group. In 2007 Empire entered negotiations with various shipyards for the construction of 12 chemical tankers for delivery between December 2008 and early 2011. Seven of the tankers were to be chartered to companies in the “Humpuss” group. The claimants were the owners of four of those vessels and entered time charterparties to charter their vessels, when built, to the first defendant. In the case of at least two of the charterparties, the first defendant’s obligations were guaranteed by the second defendant.