9 Mar 1992
HONG KONG UNITED DOCKYARDS LTD. v. THE DEMISE CHARTERERS OF THE SHIP OR VESSEL M.V. "SEA EMPIRE" FORMERLY M.V. \'TRIDENT ENDEAVOUR\' (BARAIN FLAG)
- Citation
- HONG KONG UNITED DOCKYARDS LTD. v. THE DEMISE CHARTERERS OF THE SHIP OR VESSEL M.V. "SEA EMPIRE" FORMERLY M.V. \'TRIDENT ENDEAVOUR\' (BARAIN FLAG)
- Court
- Court of First Instance
- Case number
- HCAJ158/1991
Where a charterparty expressly confers an owner's right to withdraw the vessel for default, a valid exercise and assertion of that right by the owner immediately terminates the demise charter and revives the owner's right to possession even if physical recovery occurs later; accordingly the intervener had validly terminated the charters on 29 May and the writs subsequently issued were not properly serviceable in rem against those vessels.