15 Feb 1999
THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "TIAN SHENG NO. 8" v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "TIAN SHENG NO.8" NOW NAMED "RESOURCE 1" AND THE OWENERS OF THE SHIP OR VESSEL "TIAN SHENG NO.1"
- Citation
- THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "TIAN SHENG NO. 8" v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "TIAN SHENG NO.8" NOW NAMED "RESOURCE 1" AND THE OWENERS OF THE SHIP OR VESSEL "TIAN SHENG NO.1"
- Court
- Court of First Instance
- Case number
- HCAJ370/1996
The Court held that Order 12 r.8 is the exclusive procedure for disputing jurisdiction; defendants failed to comply with its time limits and thereby were treated as having submitted to the Court's jurisdiction, so their Time Issue failed. On the merits the Court found sufficient and persuasive evidence that Hainan Tian Sheng Ocean Shipping Co. Ltd. was the beneficial owner at the relevant times, so s12B(4) supported Admiralty in rem jurisdiction; therefore the defendants' summons was dismissed.