16 Jul 2007
RUDOLF A. OETKER KG v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "KINGDOM CONTAINER"
- Citation
- RUDOLF A. OETKER KG v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "KINGDOM CONTAINER"
- Court
- Court of Appeal
- Case number
- CACV238/2006
The Court held that for HCO s.12B(4) "beneficial owner" refers to the person with title (legal or equitable) and the right to sell or dispose of the ship; voluntary liquidation does not divest that title such that Powick ceased to be beneficial owner at the time the writs were issued; and a judicial sale pendente lite does not defeat in rem jurisdiction because the proceeds are treated as the res. Consequently the writs should not be set aside and the appeals were dismissed.