14 Nov 1988
KINGSTAR SHIPPING LTD. v. THE OWNERS OF THE SHIP "ROLITA" (PANAMANIAN FLAG) AND ANOTHER
- Citation
- KINGSTAR SHIPPING LTD. v. THE OWNERS OF THE SHIP "ROLITA" (PANAMANIAN FLAG) AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV104/1988
On a challenge to in rem jurisdiction the court may assume the facts advanced by the claimant and, if on the balance of probabilities those facts establish that the relevant person would be liable in personam and was the beneficial owner/charterer/in control when the cause of action arose, the statutory conditions for in rem jurisdiction under ss.20(2)(h) and 21(4) are satisfied. Applying that test the Court of Appeal found jurisdiction existed and dismissed the appeal.