Hong Kong Case Law: Decisions & Judgments

Topic

Security for release

Legal area

Court

25 Jul 2008

INTRALINE RESOURCES SDN BHD v. THE OWNERS OF THE SHIP OR VESSEL "HUA TIAN LONG"

Citation

INTRALINE RESOURCES SDN BHD v. THE OWNERS OF THE SHIP OR VESSEL "HUA TIAN LONG"
Court

Court of Appeal
Case number

CACV131/2008

The Court refused leave to appeal to the Court of Final Appeal because the questions sought a change to established Admiralty law and practice and were not matters this court should certify as of general or public importance; the Court also varied the order as to costs to 'no order as to costs', depriving the plaintiffs of their costs because of their adducing new evidence and a clarified case on appeal.
20 May 2008

INTRALINE RESOURCES SDN BHD v. THE OWNERS OF THE SHIP OR VESSEL "HUA TIAN LONG"

Citation

INTRALINE RESOURCES SDN BHD v. THE OWNERS OF THE SHIP OR VESSEL "HUA TIAN LONG"
Court

Court of First Instance
Case number

HCAJ59/2008

The court refused a full stay pending appeal but granted an interim stay limited to the minimum period necessary (until the directions hearing before Ma CJHC on 20 May 2008) because the applicant's position on security appeared potentially oppressive and the procedural rules and undertakings made meant there was no realistic risk of the vessel being released before that hearing; costs of the stay application were ordered to be costs in the appeal.
14 Mar 2006

CASTELO INVESTMENTS LTD AND OTHERS v. THE OWNERS OF THE SHIP OR VESSEL "MICHELANGELO" (Licence No. 27489)

Citation

CASTELO INVESTMENTS LTD AND OTHERS v. THE OWNERS OF THE SHIP OR VESSEL "MICHELANGELO" (Licence No. 27489)
Court

Court of First Instance
Case number

HCAJ260/2005

Court assessed the plaintiffs' best arguable case as $1,455,000 for the claim, accepted a 1.5 year period for interest and estimated likely costs at $400,000, and ordered aggregate security of $2,000,000 with staged payments; sale pendente lite was restrained while security complied with and will take effect on failure to pay as ordered.
9 Jul 2002

YANG MING MARINE TRANSPORT CORPORATION AND ANOTHER v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "DONG YUN 419"

Citation

YANG MING MARINE TRANSPORT CORPORATION AND ANOTHER v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "DONG YUN 419"
Court

Court of First Instance
Case number

HCAJ341/2001

Because the vessel was a wasting asset with substantial monthly arrest costs, the jurisdictional dispute would likely remain unresolved for months, and the defendant failed to show ability to provide immediate security, the court ordered sale pendente lite with proceeds to be held by the court and allowed rescission if proper security was provided prior to acceptance of tender.
21 Sept 2000

CORPORATION NACIONAL DEL COBRE DE CHILE AND OTHERS v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE BARGE OR VESSEL "TUNG SHING NO.8"

Citation

CORPORATION NACIONAL DEL COBRE DE CHILE AND OTHERS v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE BARGE OR VESSEL "TUNG SHING NO.8"
Court

Court of First Instance
Case number

HCAJ237/1999

The court was not satisfied that the vessel was worth as low as $800,000 given conflicting expert valuations; therefore the normal admiralty procedure ordering sale by public tender was appropriate, but the court exercised its discretion to permit an alternative: if defendant pays $1.1 million into court within 7 days the order for sale will be rescinded and the vessel released.

Hong Kong Case Law

INTRALINE RESOURCES SDN BHD v. THE OWNERS OF THE SHIP OR VESSEL "HUA TIAN LONG"

INTRALINE RESOURCES SDN BHD v. THE OWNERS OF THE SHIP OR VESSEL "HUA TIAN LONG"

CASTELO INVESTMENTS LTD AND OTHERS v. THE OWNERS OF THE SHIP OR VESSEL "MICHELANGELO" (Licence No. 27489)

YANG MING MARINE TRANSPORT CORPORATION AND ANOTHER v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "DONG YUN 419"

CORPORATION NACIONAL DEL COBRE DE CHILE AND OTHERS v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE BARGE OR VESSEL "TUNG SHING NO.8"