8 Jul 1983
THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP ARTEMIS v. ARTEMIS TRANSPORTATION CORPORATION
- Citation
- THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP ARTEMIS v. ARTEMIS TRANSPORTATION CORPORATION
- Court
- Court of Appeal
- Case number
- CACV14/1983
On the facts and the management agreement the Court held Artemis was not carrying on business in Hong Kong and Barbers acted as managers/agents only and were not owners, employers of the master or in possession of the cargo; the plaintiffs failed to establish ordinary residence or central management in Hong Kong and failed to show a good arguable case that Barbers were a proper party to the action. Consequently service on Artemis via Barbers was invalid, leave to serve out under Order 11(1) was unjustified as to Artemis and the claim against Barbers was bound to fail and therefore struck out.