THE HAI NAN NO.1 and HE FA

THE HAI NAN NO.1 and HE FA

On the documentary and survey evidence (build year and engine power) and the fact the vessel sailed under the Panamanian name and flag with Panama registry showing Hainan International as owner, the court concluded the arrested vessel is not the same as the vessel claimed by Mr Yang; therefore Mr Yang's application to set aside the arrest fails and is dismissed with costs.

Citation
THE HAI NAN NO.1 and HE FA
Parties
Plaintiffs (hcaj322/1998): THE OWNERS OF AND/OR OTHER PERSONS ENTITLED TO SUE IN RESPECT OF THE CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL TAI YANG HE; Defendants (hcaj322/1998): THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL TAI YANG HE AND THE FOUR OTHER SHIPS OR VESSELS LISTED IN THE SCHEDULE ATTACHED TO THE WRIT; Plaintiff (hcaj199/2000): ELF LUBRICANTS HONG KONG LTD; Defendants (hcaj199/2000): THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL HAI NAN NO.1 AND THE OWNERS OF THE SHIPS OR VESSELS HE FA; Applicant / Claimed Owner of HE FA: Mr Yang
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 July 2001
Case Number
HCAJ199/2000
Procedural Posture
Admiralty Action in Rem (application to Set Aside Arrest) / Chambers Judgment (application Heard 4 5 July 2001; Judgment 5 July 2001)
Outcome
Application dismissed with costs.
Legal Topics
Vessel Identity, Beneficial Ownership, Arrest of Ship, Ship Registry and Flag, Evidence and Documentary Proof
Source Language
EN
Admiralty Law Maritime Law Ship Registration Civil Procedure Vessel Identity Beneficial Ownership Arrest of Ship Ship Registry and Flag +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

THE OWNERS OF AND/OR OTHER PERSONS ENTITLED TO SUE IN RESPECT OF THE CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL TAI YANG HE

Plaintiffs (hcaj322/1998)

THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL TAI YANG HE AND THE FOUR OTHER SHIPS OR VESSELS LISTED IN THE SCHEDULE ATTACHED TO THE WRIT

Defendants (hcaj322/1998)

ELF LUBRICANTS HONG KONG LTD

Plaintiff (hcaj199/2000)

THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL HAI NAN NO.1 AND THE OWNERS OF THE SHIPS OR VESSELS HE FA

Defendants (hcaj199/2000)

Mr Yang

Applicant / Claimed Owner of HE FA

Procedural Posture

Admiralty Action in Rem (application to Set Aside Arrest) / Chambers Judgment (application Heard 4 5 July 2001; Judgment 5 July 2001)

Legal Issues

  1. 1 Whether the arrested vessel is the same vessel claimed by Mr Yang
  2. 2 Whether Mr Yang is the true beneficial owner of the vessel (only reached if identity established)

Ratio Decidendi

On the documentary and survey evidence (build year and engine power) and the fact the vessel sailed under the Panamanian name and flag with Panama registry showing Hainan International as owner, the court concluded the arrested vessel is not the same as the vessel claimed by Mr Yang; therefore Mr Yang's application to set aside the arrest fails and is dismissed with costs.

Court Disposition

Application dismissed with costs.

Orders

  • Application of Mr Yang dismissed with costs.