24 May 1978
CHEUNG TAK UNITED CO LTD v. THE OWNERS OF THE SHIPS OR VESSELS "PACIFIC BEAR", "JAPAN BEAR", "GOLDEN BEAR" AND "THOMAS E. CUFFE" (ALL USA FLAG)
- Citation
- CHEUNG TAK UNITED CO LTD v. THE OWNERS OF THE SHIPS OR VESSELS "PACIFIC BEAR", "JAPAN BEAR", "GOLDEN BEAR" AND "THOMAS E. CUFFE" (ALL USA FLAG)
- Court
- Court of First Instance
- Case number
- HCAJ54/1978
The court held it has jurisdiction in rem against the defendants' ships; the company (debtor in possession) remained the beneficial owner of the four ships for the purposes of the Act; plaintiffs are entitled only one arrest/security in respect of sister ships (exercise by arrest/threat constitutes election); the US Chapter 11 proceedings did not require a stay of the Hong Kong admiralty actions as a matter of comity; however the court stayed the actions only until plaintiffs furnished specified particulars; otherwise writs were not set aside and plaintiffs were awarded costs with certificate…