13 Jan 2012
COSMOTRADE EXPORTS S.A. v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL “JIMRISE”
- Citation
- COSMOTRADE EXPORTS S.A. v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL “JIMRISE”
- Court
- Court of First Instance
- Case number
- HCAJ180/2011
On the balance of probabilities the evidence established that Jimrise was the beneficial owner and Jimei was the commercial operator/time charterer, not a demise charterer at the time of arrest; Cosmotrade failed to satisfy s.12B(4) of the High Court Ordinance and therefore there was no in rem jurisdiction to arrest the vessel; there was no evidence of malicious negligence to justify an inquiry into damages.