16 Jul 2007
RUDOLF A. OETKER KG v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "CONVENIENCE CONTAINER"
- Citation
- RUDOLF A. OETKER KG v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "CONVENIENCE CONTAINER"
- Court
- Court of Appeal
- Case number
- CACV237/2006
The Court held that for HCO s.12B(4) 'beneficial owner' means the person with legal or equitable title (the right to sell/dispose) as respects all shares in the ship; voluntary liquidation did not divest Powick of beneficial ownership for admiralty in rem jurisdictional purposes because legal/equitable title remained vested in the company; judicial sale does not defeat later in rem claims because the proceeds are treated as the res; consequently Powick's applications to set aside the writs were dismissed.