31 Jan 1975
THE OWNER OF THE SHIP "ORIENTAL FALCON" v. THE OWNER OF THE SHIP " TAI SANG" EX "TYLER" AND OTHERS
- Citation
- THE OWNER OF THE SHIP "ORIENTAL FALCON" v. THE OWNER OF THE SHIP " TAI SANG" EX "TYLER" AND OTHERS
- Court
- Court of First Instance
- Case number
- HCAJ66/1974
Application to strike out was dismissed: the judge held the in rem action was not shown to be a frivolous or vexatious abuse because the remedies were not coextensive and an action in rem provides security unavailable in the prior in personam proceedings; applicants failed to prove improper motive or that the second action was oppressive, so both proceedings could stand and consolidation could be considered later.
- Arrest of ship
- Salvage v. pilferage
- Detinue and conversion
- Abuse of process
- Res judicata and henderson v henderson principle
- Security for costs