HONG KONG ISLANDS SHIPPING CO LTD AND ANOTHER v. CASTLE INSURANCE CO LTD AND OTHERS

HONG KONG ISLANDS SHIPPING CO LTD AND ANOTHER v. CASTLE INSURANCE CO LTD AND OTHERS

The court held that a course of action in respect of general average arose at the time of the adventure when sacrifices were made/expenditure incurred; accordingly the 2nd plaintiff's claim is statute-barred and the Registrar's ex parte order joining the 2nd plaintiff is set aside. The court refused to exercise its discretion to permit the belated addition.

Citation
HONG KONG ISLANDS SHIPPING CO LTD AND ANOTHER v. CASTLE INSURANCE CO LTD AND OTHERS
Parties
1st Plaintiff: HONG KONG ISLANDS SHIPPING CO., LTD.; 2nd Plaintiff: HONG KONG ATLANTIC SHIPPING CO., LTD.; Defendants: CASTLE INSURANCE CO., LTD. & 84 others
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 October 1980
Case Number
HCA3727/1978
Procedural Posture
Civil Admiralty/general Average / Application to Set Aside Registrar's Ex Parte Joinder Order (strike Out Application)
Outcome
Application granted; Registrar's ex parte joinder order set aside; 2nd plaintiff's claim held statute-barred.
Legal Topics
General Average, Statute of Limitations/time Bar, Joinder of Parties, Registrar's Powers, Strike Out
Source Language
EN
Admiralty Maritime Law Civil Procedure Limitation Law General Average Statute of Limitations/time Bar Joinder of Parties Registrar's Powers +1 more

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Parties

HONG KONG ISLANDS SHIPPING CO., LTD.

1st Plaintiff

HONG KONG ATLANTIC SHIPPING CO., LTD.

2nd Plaintiff

CASTLE INSURANCE CO., LTD. & 84 others

Defendants

Procedural Posture

Civil Admiralty/general Average / Application to Set Aside Registrar's Ex Parte Joinder Order (strike Out Application)

Legal Issues

  1. 1 When does the limitation period run for a General Average claim?
  2. 2 Whether the 2nd plaintiff's claim is statute-barred.
  3. 3 Whether the Registrar's ex parte order joining the 2nd plaintiff should be set aside.

Ratio Decidendi

The court held that a course of action in respect of general average arose at the time of the adventure when sacrifices were made/expenditure incurred; accordingly the 2nd plaintiff's claim is statute-barred and the Registrar's ex parte order joining the 2nd plaintiff is set aside. The court refused to exercise its discretion to permit the belated addition.

Court Disposition

Application granted; Registrar's ex parte joinder order set aside; 2nd plaintiff's claim held statute-barred.

Orders

  • Registrar's order joining the 2nd plaintiff dated 23 July 1979 set aside
  • Costs awarded to the defendants