This was an action was for non-payment of charter hire. The Plaintiff obtained an ex parte mareva injunction which was later continued. The Plaintiff subsequently brought a motion to stay the action in favour of arbitration pursuant to the terms of the charter party and abandoned its injunction. The Defendant thereafter brought this application for assessment of damages suffered as a consequence of the injunction. The Defendant’s application was dismissed. The Court held that it was not appropriate to assess damages until the matter was disposed of on its merits following the arbitration.