"ZHU SHENG 2" v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE VESSEL "ZHU SHENG 2"

"ZHU SHENG 2" v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE VESSEL "ZHU SHENG 2"

The ex parte extension was set aside because the plaintiffs failed to demonstrate they took all reasonable steps to serve the writ during its initial 12 month period, relied on an unjustified assumption that the vessel was absent from Hong Kong despite registration and presence, and their affidavit evidence omitted material particulars such that the extension order was improperly obtained.

Citation
"ZHU SHENG 2" v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE VESSEL "ZHU SHENG 2"
Parties
Plaintiffs: THE OWNERS OF AND/OR OTHER PERSONS ENTITLED TO SUE IN RESPECT OF CARGO LATELY LADEN ON BOARD THE VESSEL ZHU SHENG 2; Defendants: THE OWNERS AND/OR DEMISE CHARTERERS OF THE VESSEL ZHU SHENG 2
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 April 2009
Case Number
HCAJ68/2007
Procedural Posture
Admiralty in Rem / Chambers Application to Set Aside Ex Parte Extension of Writ
Outcome
Ex parte extension of the amended writ set aside; parties to be heard on costs and consequential orders
Legal Topics
Service of Process, Extension of Writ, Arrest of Vessel, Ex Parte Applications, Duty to Take Reasonable Steps, Non Disclosure of Material Facts
Source Language
EN
Admiralty and Maritime Law Civil Procedure Equity (ex Parte Relief) Service of Process Extension of Writ Arrest of Vessel Ex Parte Applications Duty to Take Reasonable Steps +1 more

Case Brief

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Parties

THE OWNERS OF AND/OR OTHER PERSONS ENTITLED TO SUE IN RESPECT OF CARGO LATELY LADEN ON BOARD THE VESSEL ZHU SHENG 2

Plaintiffs

THE OWNERS AND/OR DEMISE CHARTERERS OF THE VESSEL ZHU SHENG 2

Defendants

Procedural Posture

Admiralty in Rem / Chambers Application to Set Aside Ex Parte Extension of Writ

Legal Issues

  1. 1 Whether the ex parte extension of the writ should be set aside for failure to disclose material facts
  2. 2 Whether the plaintiffs took all reasonable steps to serve the writ during its initial currency
  3. 3 Whether the plaintiffs' omission and assumptions rendered the ex parte order unsafe

Ratio Decidendi

The ex parte extension was set aside because the plaintiffs failed to demonstrate they took all reasonable steps to serve the writ during its initial 12 month period, relied on an unjustified assumption that the vessel was absent from Hong Kong despite registration and presence, and their affidavit evidence omitted material particulars such that the extension order was improperly obtained.

Court Disposition

Ex parte extension of the amended writ set aside; parties to be heard on costs and consequential orders

Orders

  • Set aside the ex parte order renewing the validity of the amended writ from 13 April 2008
  • Parties to be heard on costs and consequential orders