16 Jul 2007
RUDOLF A. OETKER KG v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "MANDARIN CONTAINER"
- Citation
- RUDOLF A. OETKER KG v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "MANDARIN CONTAINER"
- Court
- Court of Appeal
- Case number
- CACV240/2006
For HCO s.12B(4) purposes 'beneficial owner' means the person with legal or equitable title (the right to sell or dispose of all shares in the ship); voluntary liquidation under Singapore law does not sever legal/equitable title so as to defeat Admiralty in rem jurisdiction; proceeds of a judicial sale are treated as the res and do not prevent subsequent in rem claims. Consequently Powick's applications to set aside the writs were dismissed and the appeals were dismissed.