17 Mar 2011
THE OWNERS OF AND/OR OTHER PERSONS ENTITLED TO SUE IN RESPECT OF THE CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL M.V. “JIN YI” v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL M.V. “JIN YI”
- Citation
- THE OWNERS OF AND/OR OTHER PERSONS ENTITLED TO SUE IN RESPECT OF THE CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL M.V. “JIN YI” v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL M.V. “JIN YI”
- Court
- Court of First Instance
- Case number
- HCAJ119/2010
The court set aside the in personam default judgment because the Defendant demonstrated a real prospect of defending the action on material factual issues that require trial. The court granted a stay of the in rem and in personam proceedings to the Dubai Court because the Defendant discharged the burden of showing Dubai is the more appropriate forum given delivery, post-discharge surveys, buyers and market issues centred in Dubai, and the Defendant waived any time bar objections.