Judge Denis Hurley
England's High Court affirmed a London arbitral panel's award of $3.6 million, plus interest, to vessel owner Sea Metropolitan S.A. (SMSA) on demurrage claims against DGM Commodities Corp.—owned by individual corespondent Elua—arising from SMSA's transportation of a cargo of chicken parts to Russia. In its action to enforce the arbitral award and English High Court's order, SMSA obtained a district court judgment of $4.358 million against DGM Commodities. Not receiving any payment, SMSA brought its present action seeking injunctive relief barring DGM Commodities, DGM Holding Corp., Davini Realty LLC and Elua from selling, transferring or otherwise disposing of property until its multi-million dollar judgment against DGM Commodities has been satisfied. SMSA alleged Elua's control of each respondent entity, and used such domination to render DGM Commodities judgment proof. District court granted SMSA relief as against DGM Commodities and Elua only. Despite establishing both prongs of its alter ego claim against Elua, such that he now "stands in the shoes" of DGM Commodities, SMSA did not establish that Davini or DGM Holding—individually or in conjunction with Elua—took meaningful steps causing it injury.
