24 May 1978
OWNERS OF CARGO LATELY LADEN ON BOARD THE "GOLDEN BEAR" (U.S.A. FLAG) v. THE OWNERS OF THE SHIPS OR VESSELS "GOLDEN BEAR", "PACIFIC BEAR", "JAPAN BEAR" AND "THOMAS E. CUFFE" (ALL USA FLAG)
- Citation
- OWNERS OF CARGO LATELY LADEN ON BOARD THE "GOLDEN BEAR" (U.S.A. FLAG) v. THE OWNERS OF THE SHIPS OR VESSELS "GOLDEN BEAR", "PACIFIC BEAR", "JAPAN BEAR" AND "THOMAS E. CUFFE" (ALL USA FLAG)
- Court
- Court of First Instance
- Case number
- HCAJ58/1978
The court held it had admiralty jurisdiction to entertain the writs because Pacific Far East Lines remained the beneficial owner of the ships within the meaning of the Act despite Chapter 11 proceedings; plaintiffs are entitled to arrest or security against only one ship and multiple writs do not permit arrest of multiple sister ships; foreign law rights will not be treated as maritime liens beyond the traditional categories for jurisdictional purposes; the US Chapter 11 moratorium did not automatically require a stay in Hong Kong because those proceedings were rehabilitative and not a proces…