BOLD DRAGON SERVICES LTD AND ANOTHER v. NEWAY SHIPPING LTD t/a SHING GE FAT SHIPYARD AND OTHERS

BOLD DRAGON SERVICES LTD AND ANOTHER v. NEWAY SHIPPING LTD t/a SHING GE FAT SHIPYARD AND OTHERS

The strike out application failed because the applicability of the Ordinance and the factual question whether the barge was at fault are in dispute and require substantial factual and legal investigation; the limitation defence was not shown to be clearly dispositive and the matter is unsuitable for summary disposal, so the action must proceed to trial.

Citation
BOLD DRAGON SERVICES LTD AND ANOTHER v. NEWAY SHIPPING LTD t/a SHING GE FAT SHIPYARD AND OTHERS
Parties
1st Plaintiff: Bold Dragon Services Ltd; 2nd Plaintiff: William H. Areson; 1st Defendant: Neway Shipping Ltd t/a Shing Ge Fat Shipyard; 2nd Defendant: To Koon Tai t/a Hung Kee Ho; 3rd Defendant: Leung Kam Shui; 4th Defendant: Leung Kam Yau
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 October 2006
Case Number
HCAJ67/2004
Procedural Posture
Admiralty (maritime) Action / Interlocutory Strike Out Application Decided in Chambers
Outcome
Summons dismissed; action against the 2nd defendant not struck out; matter to proceed to trial
Legal Topics
Time Limitation, Salvage, Collision Damage, Strike Out/summarary Disposal, Fault of Vessel
Source Language
EN
Admiralty Law Maritime Law Limitation of Actions Contract Law Procedural Law Time Limitation Salvage Collision Damage +2 more

Case Brief

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Parties

Bold Dragon Services Ltd

1st Plaintiff

William H. Areson

2nd Plaintiff

Neway Shipping Ltd t/a Shing Ge Fat Shipyard

1st Defendant

To Koon Tai t/a Hung Kee Ho

2nd Defendant

Leung Kam Shui

3rd Defendant

Leung Kam Yau

4th Defendant

Procedural Posture

Admiralty (maritime) Action / Interlocutory Strike Out Application Decided in Chambers

Legal Issues

  1. 1 Whether the Merchant Shipping (Collision Damage Liability and Salvage) Ordinance applies to the claim against the 2nd defendant
  2. 2 Whether the two-year limitation period under the Ordinance bars the plaintiffs' claim and thus requires strike out
  3. 3 Whether the 2nd defendant was the owner/charterer of the barge and whether the barge was at fault

Ratio Decidendi

The strike out application failed because the applicability of the Ordinance and the factual question whether the barge was at fault are in dispute and require substantial factual and legal investigation; the limitation defence was not shown to be clearly dispositive and the matter is unsuitable for summary disposal, so the action must proceed to trial.

Court Disposition

Summons dismissed; action against the 2nd defendant not struck out; matter to proceed to trial

Orders

  • Summons dismissed
  • Costs reserved; parties to be heard on costs