THE TAI YANG HE

THE TAI YANG HE

On the primary issue the court accepted the documentary and survey evidence showing the arrested vessel was built in 1977 with engine output approximately 1,324 kW and registered in Panama to Hainan International, and rejected Mr Yang's claim that the arrested ship was the 1983-built vessel with 749.70 kW; therefore Mr Yang's application to set aside the arrest failed and was dismissed with costs.

Citation
THE TAI YANG HE
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; Plaintiffs (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 (xiang Xing): Mr Yang
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 July 2001
Case Number
HCAJ322/1998
Procedural Posture
Admiralty Action (in Rem) / Application to Set Aside Arrest Determined at Interlocutory Hearing; Judgment Dismissing Application
Outcome
Application dismissed
Legal Topics
Vessel Identity, Ship Arrest, Beneficial Ownership, Ship Registration and Flag, Expert Survey Evidence
Source Language
EN
Admiralty Law Maritime Registration Civil Procedure Evidence Vessel Identity Ship Arrest Beneficial Ownership Ship Registration and Flag +1 more

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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

Plaintiffs (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 (xiang Xing)

Procedural Posture

Admiralty Action (in Rem) / Application to Set Aside Arrest Determined at Interlocutory Hearing; Judgment Dismissing Application

Legal Issues

  1. 1 Whether the arrested vessel is the same ship claimed by Mr Yang
  2. 2 If same, whether Mr Yang is the true beneficial owner of the vessel

Ratio Decidendi

On the primary issue the court accepted the documentary and survey evidence showing the arrested vessel was built in 1977 with engine output approximately 1,324 kW and registered in Panama to Hainan International, and rejected Mr Yang's claim that the arrested ship was the 1983-built vessel with 749.70 kW; therefore Mr Yang's application to set aside the arrest failed and was dismissed with costs.

Court Disposition

Application dismissed

Orders

  • Applications of Mr Yang dismissed with costs
  • No further relief granted; second issue (beneficial ownership) not considered