OREXIM TRADING LIMITED v MAHAVIR PORT AND TERMINAL PRIVATE LIMITED & 2 Ors

Case Significance

Orexim Trading Ltd v Mahavir Port and Terminal Pte Ltd and others [2024] SGHC 190 was a grounds of decision of the General Division of the High Court delivered by Kwek Mean Luck J on 23 July 2024, in Suit No 443 of 2020 and Summons No 1325 of 2024. The plaintiff was Orexim Trading Limited and the defendants were Mahavir Port and Terminal Private Limited (formerly Fourcee Port and Terminal Private Limited), Singmalloyd Marine (S) Pte Ltd, and Zen Shipping and Ports India Private Limited ("Zen").

The case arose from Zen knowingly disposing of two vessels in breach of a Mareva injunction. Zen had earlier been found in contempt of court for disposing of one vessel and had not complied with the sentences imposed for that contempt, before proceeding to dispose of the other vessel. Kwek Mean Luck J granted Orexim's application for orders to restore the vessels or their equivalent value to the asset pool, and for Zen's defence to be struck out unless it complied with the restoration orders. The judgment addressed whether a plaintiff is under an obligation to restore an asset dissipated in breach of a Mareva injunction, the value of assets to be restored, and whether striking out the defence was justified given deliberate and persistent non-compliance with court orders. The plaintiff was represented by Wee Swee Teow LLP and the defendant by Oon & Bazul LLP.