INTRALINE RESOURCES SDN BHD v. THE OWNERS OF THE SHIP OR VESSEL "HUA TIAN LONG"

INTRALINE RESOURCES SDN BHD v. THE OWNERS OF THE SHIP OR VESSEL "HUA TIAN LONG"

The court refused a full stay pending appeal but granted an interim stay limited to the minimum period necessary (until the directions hearing before Ma CJHC on 20 May 2008) because the applicant's position on security appeared potentially oppressive and the procedural rules and undertakings made meant there was no realistic risk of the vessel being released before that hearing; costs of the stay application were ordered to be costs in the appeal.

Citation
INTRALINE RESOURCES SDN BHD v. THE OWNERS OF THE SHIP OR VESSEL "HUA TIAN LONG"
Parties
Plaintiff/respondent: Intraline Resources Sdn Bhd; Defendant/applicant: The Owners of the Ship or Vessel Hua Tian Long
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 May 2008
Case Number
HCAJ59/2008
Procedural Posture
Admiralty Action in Rem / Stay Application Pending Appeal — Interim Stay Granted Until Directions Hearing
Outcome
Interim stay granted until directions hearing on 20 May 2008; full stay pending appeal refused
Legal Topics
Ship Arrest, Security for Release, Stay Pending Appeal, Bail Bond, Court Discretion, Costs
Source Language
EN
Admiralty Maritime Law Civil Procedure Appeals Ship Arrest Security for Release Stay Pending Appeal Bail Bond +2 more

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Parties

Intraline Resources Sdn Bhd

Plaintiff/respondent

The Owners of the Ship or Vessel Hua Tian Long

Defendant/applicant

Procedural Posture

Admiralty Action in Rem / Stay Application Pending Appeal — Interim Stay Granted Until Directions Hearing

Legal Issues

  1. 1 Whether a stay pending appeal should be granted
  2. 2 Appropriate quantum of security for release of arrested vessel
  3. 3 Whether plaintiff's security demands were oppressive

Ratio Decidendi

The court refused a full stay pending appeal but granted an interim stay limited to the minimum period necessary (until the directions hearing before Ma CJHC on 20 May 2008) because the applicant's position on security appeared potentially oppressive and the procedural rules and undertakings made meant there was no realistic risk of the vessel being released before that hearing; costs of the stay application were ordered to be costs in the appeal.

Court Disposition

Interim stay granted until directions hearing on 20 May 2008; full stay pending appeal refused

Orders

  • Interim stay to remain in place solely until conclusion of the directions hearing before Ma CJHC scheduled 20 May 2008 at 10:00 am in Chambers
  • Costs of and occasioned by the application to be costs in the appeal