13 Dec 2012
CENTEL SHIPPING CO LTD v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL “KING COAL” OR AS MAY BE DESCRIBING THE PROPERTY AGAINST WHICH THE ACTION IS BROUGHT
- Citation
- CENTEL SHIPPING CO LTD v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL “KING COAL” OR AS MAY BE DESCRIBING THE PROPERTY AGAINST WHICH THE ACTION IS BROUGHT
- Court
- Court of First Instance
- Case number
- HCAJ171/2012
The court held that s12A(2)(n) must be given its plain meaning: it confines admiralty jurisdiction for wages claims to claims brought by the Master or a member of the crew, and an assignee of crew wages does not fall within that provision; accordingly there was no admiralty jurisdiction, the writ (and arrest) must be set aside and the proposed amendment to add crew members was refused; alternatively, material non-disclosure to the ex parte judge would also have justified setting aside the arrest.