11 Jul 1984
LEUNG KAM HO AND OTHERS v. THE OWNERS OF THE SHIP OR VESSEL "EIRAMA" (HONG KONG FLAG)
- Citation
- LEUNG KAM HO AND OTHERS v. THE OWNERS OF THE SHIP OR VESSEL "EIRAMA" (HONG KONG FLAG)
- Court
- Court of First Instance
- Case number
- HCAJ340/1983
Where the earlier in personam proceedings and the later admiralty action in rem involve the same parties, the same personal injury (resulting in death) and the same cause of action, they constitute the same "action" for the purposes of s.27 of the Limitation Ordinance; accordingly a second action brought after expiry of the primary limitation period cannot obtain relief under s.30 absent exceptional circumstances, and none were shown, so the claim must be struck out.