Manila court orders seizure of Zim assets
26.05.2009 17:47
A court in Manila, the Philippines, has ordered the seizure of shipping containers belonging to Zim Integrated Shipping Services, after Zim's former local agent, Overseas Freighters Shipping, filed a damages suit. The agent is suing Zim for about NIS 16.6 million, and the containers are worth an estimated 74.5 million pesos (about NIS 6.3 million).
Overseas contends that Zim is in breach of contract for terminating the
30-year business relationship between the two companies, after Overseas
agreed to sell 40% of its agency to Liberty Ships, another local
company. Zim refused to ratify the agreement, claiming it was not
committed to the sales deal. The court ordered the seizure of 475 Zim
containers, which Zim claims were undervalued
by the court.
Zim and two Israeli nationals, Danny Hoffman and Hani Kalinski, have
countered Overseas' suit with a petition to the Manila Regional Trial
Court, claiming that the seizure order was issued "maliciously, with
evident bad faith, and undue haste." The petitioners have asked that
the seizure order be lifted, arguing that the court had no jurisdiction
over the case.
Zim's dire financial straits, caused by a sharp decline in marine
shipping and the global credit crunch, have prompted the company to
look for escape clauses from many of its contracts, in order to lower
its liabilities. A few weeks ago China Shipping threatened to sue Zim
for $100 million after the Israeli company ostensibly backed out of a
leasing agreement for space in the Chinese company's ships that ply the
route from China to Europe. Zim also recently announced it would be
paying a $30 million fine to a Taiwanese shipbuilder for canceling a
purchase contract for six ships worth $230 million.
Zim, an Israel Corporation member company, lost $199 million in the
fourth quarter of 2008 and $332 million for the entire year, mainly due
to fluctuations in fuel prices and lower revenues from marine shipping
services. Before the global economic crisis hit, Zim signed contracts
for the construction of 23 ships, at a cost of $3.2 billion, scheduled
to be delivered during 2009-2012. Now Zim is trying to cancel those
contracts and streamline its operations by leasing space in other
companies' ships, reducing activity on certain shipping routes, laying
up 20 ships (20% of the company's shipping capacity), and trimming its
workforce of 700 by 70-100 employees.
Zim declined to comment on this report.
(Theo Haaretz.com) |