12 Aug 1981
ARCOM SHIPPING MANAGEMENT LTD v. THE OWNERS OF THE SHIP OR VESSEL "TURGUT GUNERI" (TURKISH FLAG)
- Citation
- ARCOM SHIPPING MANAGEMENT LTD v. THE OWNERS OF THE SHIP OR VESSEL "TURGUT GUNERI" (TURKISH FLAG)
- Court
- Court of First Instance
- Case number
- HCAJ202/1981
Although the primary affidavit was defective for failing to state the grounds for the deponent's belief regarding liability in personam under Order 75 r.5(8)(c), the court held that because material before the court ultimately established the jurisdictional substratum and because warrants of arrest should not be lightly set aside, it was appropriate to exercise the discretion under Order 75 r.5(4) to allow the warrant to remain in force; accordingly the defendants' application to set aside the arrest was refused and the plaintiffs' amendment application was allowed.