13 Dec 2012
CENTEL SHIPPING CO LTD v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL “FEARLESS I” OR AS MAY BE DESCRIBING THE PROPERTY AGAINST WHICH THE ACTION IS BROUGHT
- Citation
- CENTEL SHIPPING CO LTD v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL “FEARLESS I” OR AS MAY BE DESCRIBING THE PROPERTY AGAINST WHICH THE ACTION IS BROUGHT
- Court
- Court of First Instance
- Case number
- HCAJ174/2012
The statute (s12A(2)(n) High Court Ordinance) expressly confines a claim for wages to one 'by a Master or member of the crew'; an assignee is not within that class, so the plaintiff as assignee lacked admiralty jurisdiction to bring an in rem claim; accordingly the writ and the arrest were set aside and the proposed amendment to add crew members was refused as unfair and impermissible to cure jurisdiction retrospectively; alternatively, material non‑disclosure to the ex parte judge would have justified setting aside the arrest.