16 Jul 2007
RUDOLF A. OETKER KG v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "LIBERTY CONTAINER"
- Citation
- RUDOLF A. OETKER KG v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "LIBERTY CONTAINER"
- Court
- Court of Appeal
- Case number
- CACV239/2006
The court held that "beneficial owner" in HCO s.12B(4) concerns title (legal or equitable) and the right to sell or dispose of the ship; a company in voluntary liquidation remains the owner for admiralty in rem purposes because liquidation does not divest legal or equitable title, and proceeds of a judicial sale pendente lite are treated as the res so subsequent in rem claims against the fund are permissible. Consequently Powick's grounds to set aside the writs failed and the appeals were dismissed.