5 Jun 2006
RUDOLF A. OETKER KG v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "KINGDOM CONTAINER"
- Citation
- RUDOLF A. OETKER KG v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "KINGDOM CONTAINER"
- Court
- Court of First Instance
- Case number
- HCAJ270/2003
All jurisdictional challenges failed: the court adopted the view that liquidation did not divest Powick of beneficial ownership for the purposes of s12B(4)(i) (following the reasoning of Linter over Ayerst), sale pendente lite does not defeat subsequent in rem claims because proceeds stand in for the ship, and amendments cured any technical defects in service; accordingly the seven Motions to set aside the writs were dismissed with costs.