8 Jul 1983
THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP ARTEMIS v. BARBER SHIP MANAGEMENT LTD
- Citation
- THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP ARTEMIS v. BARBER SHIP MANAGEMENT LTD
- Court
- Court of Appeal
- Case number
- CACV74/1982
On the evidence and contractual terms the Court held Artemis was not carrying on business in Hong Kong nor ordinarily resident there at the date of attempted service; Barbers acted only as managers under a limited Management Agreement and were not the owners, in possession of cargo, nor carrying out Artemis' central management in Hong Kong; therefore service on Artemis via Barbers within the jurisdiction was invalid, leave to serve out under the tested provisions was not established, and the endorsement against Barbers was a plain and obvious failing and was struck out under the Court's inher…