THE OWNERS AND/OR THOSE ENTITLED TO SUE IN RESPECT OF A CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL “BO SHI JI 393” v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL“BO SHI JI 393” AND THE OTHER SHIPS OR VESSELS NAMED IN SCHEDULE “A”

THE OWNERS AND/OR THOSE ENTITLED TO SUE IN RESPECT OF A CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL “BO SHI JI 393” v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL“BO SHI JI 393” AND THE OTHER SHIPS OR VESSELS NAMED IN SCHEDULE “A”

On the available evidence, including the Vessel Ownership Registration Certificates which the court accepted as the best evidence of registry entries, the requirements of section 12B(4) HCO were satisfied: BWTC (and co-owner Liang in respect of 393) were registered/treated as owners such that the relevant person requirement and the beneficial ownership requirement for sister ship arrest were met; accordingly the applications to set aside service/arrest and to strike out were dismissed.

Citation
THE OWNERS AND/OR THOSE ENTITLED TO SUE IN RESPECT OF A CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL “BO SHI JI 393” v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL“BO SHI JI 393” AND THE OTHER SHIPS OR VESSELS NAMED IN SCHEDULE “A”
Parties
Plaintiffs: The owners and/or those entitled to sue in respect of a cargo lately laden on board the ship BO SHI JI 393; Defendants: The owners and/or demise charterers of the ship BO SHI JI 393 and the other ships or vessels named in Schedule
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 June 2015
Case Number
HCAJ44/2014
Procedural Posture
Admiralty Action in Rem / Interlocutory Applications (motions Dated 14 April 2015) for Appraisement and Sale, to Set Aside Service and Arrest, and to Strike Out
Outcome
Both the striking out application and the setting aside (service and warrant) application dismissed; warrant of arrest and service upheld; order nisi for costs to defendants.
Legal Topics
Sister Ship Arrest, Beneficial Ownership, Shipping Register, Service of Process, Striking Out, Warrant of Arrest
Source Language
EN
Admiralty Maritime Law Civil Procedure Property Law Sister Ship Arrest Beneficial Ownership Shipping Register Service of Process +2 more

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Parties

The owners and/or those entitled to sue in respect of a cargo lately laden on board the ship BO SHI JI 393

Plaintiffs

The owners and/or demise charterers of the ship BO SHI JI 393 and the other ships or vessels named in Schedule

Defendants

Procedural Posture

Admiralty Action in Rem / Interlocutory Applications (motions Dated 14 April 2015) for Appraisement and Sale, to Set Aside Service and Arrest, and to Strike Out

Legal Issues

  1. 1 Whether requirements of section 12B(4) High Court Ordinance were satisfied (identity of relevant person and beneficial ownership as respects all shares)
  2. 2 Whether service of writ on the vessel and warrant of arrest should be set aside
  3. 3 Whether the plaintiffs' claim should be struck out as disclosing no reasonable cause of action

Ratio Decidendi

On the available evidence, including the Vessel Ownership Registration Certificates which the court accepted as the best evidence of registry entries, the requirements of section 12B(4) HCO were satisfied: BWTC (and co-owner Liang in respect of 393) were registered/treated as owners such that the relevant person requirement and the beneficial ownership requirement for sister ship arrest were met; accordingly the applications to set aside service/arrest and to strike out were dismissed.

Court Disposition

Both the striking out application and the setting aside (service and warrant) application dismissed; warrant of arrest and service upheld; order nisi for costs to defendants.

Orders

  • Striking out application dismissed.
  • Setting aside application (service and warrant) dismissed; arrest and service stood.