THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP "ARTEMIS" v. ARTEMIS TRANSPORTATION CORPORATION AND ANOTHER

THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP "ARTEMIS" v. ARTEMIS TRANSPORTATION CORPORATION AND ANOTHER

Because O.12 r.8(2) contains an express prohibition that the 14 day period may be extended only by application made before expiry, the court had no jurisdiction to extend time after expiry and could not bypass that prohibition by solicitor consent or inherent jurisdiction; consequently the summons relief in respect of the first defendant was out of time and must be dismissed.

Citation
THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP "ARTEMIS" v. ARTEMIS TRANSPORTATION CORPORATION AND ANOTHER
Parties
Plaintiffs: THE OWNERS OF CARCO LATELY LADEN ON BOARD THE SHIP "APTEMIS"; 1st Defendant: ARTEMIS TRANSPORTATION CORPORATION; 2nd Defendant: BARPER SHIP MANAGEMENT LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 May 1982
Case Number
HCAJ328/1981
Procedural Posture
Admiralty Jurisdiction Civil Proceeding / Interlocutory Hearing on Summons to Set Aside Writ/service; Judgment on Jurisdictional Point (28 May 1982)
Outcome
Part of the Defendants' summons (the relief sought against the first defendant to set aside the writ/seek orders based on service and time) dismissed for being out of time; costs reserved to Chambers.
Legal Topics
Service of Process, Substituted Service, Time Limits for Challenging Service (o.12 R.8), Inherent Jurisdiction, Extension of Time
Source Language
EN
Civil Procedure Admiralty/maritime Law Statutory Interpretation Service of Process Substituted Service Time Limits for Challenging Service (o.12 R.8) Inherent Jurisdiction Extension of Time

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Parties

THE OWNERS OF CARCO LATELY LADEN ON BOARD THE SHIP "APTEMIS"

Plaintiffs

ARTEMIS TRANSPORTATION CORPORATION

1st Defendant

BARPER SHIP MANAGEMENT LIMITED

2nd Defendant

Procedural Posture

Admiralty Jurisdiction Civil Proceeding / Interlocutory Hearing on Summons to Set Aside Writ/service; Judgment on Jurisdictional Point (28 May 1982)

Legal Issues

  1. 1 Whether the Defendants' summons was issued in time under O.12 r.8(1) and O.8 r.1
  2. 2 Whether the Court may extend time under O.3 r.5 despite the prohibitory wording of O.12 r.8(2)
  3. 3 Whether solicitors' consent can waive or override the statutory time limit

Ratio Decidendi

Because O.12 r.8(2) contains an express prohibition that the 14 day period may be extended only by application made before expiry, the court had no jurisdiction to extend time after expiry and could not bypass that prohibition by solicitor consent or inherent jurisdiction; consequently the summons relief in respect of the first defendant was out of time and must be dismissed.

Court Disposition

Part of the Defendants' summons (the relief sought against the first defendant to set aside the writ/seek orders based on service and time) dismissed for being out of time; costs reserved to Chambers.

Orders

  • The Court dismisses the first relief sought in the Defendants' Summons (the application in respect of the first Defendant) as out of time pursuant to O.12 r.8(2).
  • Costs to be heard in Chambers.