PT ARK VISI TEKNIK v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP AND OTHERS

PT ARK VISI TEKNIK v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP AND OTHERS

The court found the invoices and contemporaneous documents established the Plaintiff as the contracting party and that the Defendants had no bona fide defence to the first two transactions; accordingly judgment was entered for the principal sums for those transactions and interest awarded at prime plus 1% from invoice date until decision and at judgment rates thereafter. The court ordered security for costs of HK$700,000 for the remaining defended third transaction because the Plaintiff is a foreign company with no Hong Kong assets and the claim on the third transaction is disputed.

Citation
[2018] HKCFI 2587
Parties
Plaintiff: PT ARK VISI TEKNIK; Defendants: THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "TANGKAS" AND THE SHIP OR VESSEL IN THE SCHEDULE A ANNEXED HERETO
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 November 2018
Case Number
HCAJ109/2017
Procedural Posture
Admiralty Action in Rem / Hearing/decision on Interlocutory Applications (summary Judgment and Security for Costs)
Outcome
Summary judgment entered for the Plaintiff on the first two transactions; security for costs ordered against the Plaintiff in the sum of HK$700,000; parties to be heard on costs.
Legal Topics
Summary Judgment, Security for Costs, Contractual Liability, Interest on Invoices, Jurisdictional Issues, Counterclaim
Source Language
EN
Admiralty Maritime Law Contract Civil Procedure Security for Costs Summary Judgment Contractual Liability Interest on Invoices +2 more

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Parties

PT ARK VISI TEKNIK

Plaintiff

THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "TANGKAS" AND THE SHIP OR VESSEL IN THE SCHEDULE A ANNEXED HERETO

Defendants

Procedural Posture

Admiralty Action in Rem / Hearing/decision on Interlocutory Applications (summary Judgment and Security for Costs)

Legal Issues

  1. 1 Whether summary judgment was appropriate for two of the three claimed transactions
  2. 2 Whether the contracts were made with the Plaintiff or with Ardent Shipping as named on invoices
  3. 3 Whether contractual interest as claimed should be awarded or left to the court

Ratio Decidendi

The court found the invoices and contemporaneous documents established the Plaintiff as the contracting party and that the Defendants had no bona fide defence to the first two transactions; accordingly judgment was entered for the principal sums for those transactions and interest awarded at prime plus 1% from invoice date until decision and at judgment rates thereafter. The court ordered security for costs of HK$700,000 for the remaining defended third transaction because the Plaintiff is a foreign company with no Hong Kong assets and the claim on the third transaction is disputed.

Court Disposition

Summary judgment entered for the Plaintiff on the first two transactions; security for costs ordered against the Plaintiff in the sum of HK$700,000; parties to be heard on costs.

Orders

  • Judgment entered against the Defendants for the principal sums under prayers (1) and (3) of the Statement of Claim in respect of the first two transactions
  • Interest awarded at prime plus 1% from the respective dates of the invoices until the date of decision (15 November 2018) and thereafter at judgment rates until payment