22 Oct 1999
THE HALLA LIBERTY (South Korean flag)
- Citation
- THE HALLA LIBERTY (South Korean flag)
- Court
- Court of First Instance
- Case number
- HCAJ400/1997
The Court dismissed the Intervener's motion: (1) joining claims relating to multiple vessels in a single writ does not, by itself, defeat in rem jurisdiction where the statutory criteria under s12A/12B are satisfied; (2) 'charterer' in s12B(4)(b) is not limited to demise charterers and includes non‑demise charterers relevant to the Slot Charter; (3) there is no separate capacity linkage requirement beyond the statutory test; and (4) on the evidence and Korean law (Article 743) Donghwa held at best a bare legal title and not beneficial ownership able to defeat the arrest, so the Court's admira…