26 Aug 2011
BIRNAM LTD v. THE OWNERS OF THE SHIP OR VESSEL “HONG MING”
- Citation
- BIRNAM LTD v. THE OWNERS OF THE SHIP OR VESSEL “HONG MING”
- Court
- Court of First Instance
- Case number
- HCAJ105/2011
The warrant of arrest was set aside because the original MOA was validly terminated for failure to pay the stipulated deposit, no proprietary or possessory interest in the vessel arose from the partial deposit, the claim did not fall within HCO s.12A(2) or the 1952 Arrest Convention, and material non-disclosure together with a likely misuse of the arrest process justified setting aside the arrest and ordering an inquiry into damages.