1 Dec 2008
THE OWNERS OF AND/OR OTHER PERSONS ENTITLED TO SUE IN RESPECT OF THE CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "HUI RONG" (LR NO. 7525748) v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "PENG YAN" (LR NO. 8020563) AND THE OWNERS OF THE SHIPS OR VESSELS SET OUT IN THE SCHEDULE A ANNEXED HERETO
- Citation
- THE OWNERS OF AND/OR OTHER PERSONS ENTITLED TO SUE IN RESPECT OF THE CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "HUI RONG" (LR NO. 7525748) v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "PENG YAN" (LR NO. 8020563) AND THE OWNERS OF THE SHIPS OR VESSELS SET OUT IN THE SCHEDULE A ANNEXED HERETO
- Court
- Court of Appeal
- Case number
- CACV269/2008
The Court of Appeal dismissed the appeals: defendants failed to show the Ningbo Maritime Court was clearly or distinctly a more appropriate forum than Hong Kong. Key reasons were (1) admiralty jurisdiction founded by arrest and Letters of Undertaking made the burden on defendants heavy; (2) parallel limitation proceedings in Ningbo and the existence of a limitation fund did not by themselves justify a stay, particularly while the fund and appeals were not finally resolved; and (3) the Letters of Undertaking did not expressly reserve tonnage limitation such that plaintiffs in Hong Kong might h…