26 Apr 1974
WALLEM SHIPPING (HONG KONG) LTD AND OTHERS v. THE OWNERS OF THE SHIP "PHILIPPINE ADMIRAL" (PHILIPPINE FLAG)
- Citation
- WALLEM SHIPPING (HONG KONG) LTD AND OTHERS v. THE OWNERS OF THE SHIP "PHILIPPINE ADMIRAL" (PHILIPPINE FLAG)
- Court
- Court of Appeal
- Case number
- CACV53/1973
Appeal allowed. A claim to immunity in rem requires proof of a real, non-illusory sovereign interest involving control or destiny for public use; mere ownership or potential future public use under reparations legislation is insufficient. On the evidence the Philippine Government did not establish that the Philippine Admiral was destined for public use or under its effective control, so immunity was not available and the orders below setting aside the writs were wrong and must be set aside.