Hong Kong Case Law: Decisions & Judgments

Topic

Service of writs

Legal area

Court

5 Jun 2006

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 First Instance
Case number

HCAJ272/2003

The motions were dismissed: the court held that (1) Singapore liquidation did not, for the purposes of s12B(4)(i), divest Powick of beneficial ownership of the vessels (adopting the reasoning of Linter/Franklin over Ayerst), (2) sale pendente lite did not defeat subsequent in rem claims because the proceeds of sale constitute the res and writs may validly be brought and served against that fund, and (3) amendments cured any technical service defects; accordingly Admiralty in rem jurisdiction was properly exercised.
5 Jun 2006

INTERNATIONAL TRANSPORTATION SERVICE INC. v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "LIBERTY CONTAINER"

Citation

INTERNATIONAL TRANSPORTATION SERVICE INC. v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "LIBERTY CONTAINER"
Court

Court of First Instance
Case number

HCAJ153/2003

The court dismissed the motions: for the purposes of section 12B(4)(i) Powick remained the beneficial owner of the vessels despite the Singapore voluntary winding up (adopting the reasoning of Linter over Ayerst in this context), the court sale did not defeat in rem jurisdiction because the proceeds of sale stand in place of the ship and allow subsequent in rem claims, and the post-service amendments caused no prejudice and cured any technical defects; accordingly admiralty jurisdiction in rem was correctly exercised in all seven actions.
9 Mar 1992

HONG KONG UNITED DOCKYARDS LTD. v. THE DEMISE CHARTERERS OF THE SHIP OR VESSEL M.V. "SEA EMPIRE" FORMERLY M.V. \'TRIDENT ENDEAVOUR\' (BARAIN FLAG)

Citation

HONG KONG UNITED DOCKYARDS LTD. v. THE DEMISE CHARTERERS OF THE SHIP OR VESSEL M.V. "SEA EMPIRE" FORMERLY M.V. \'TRIDENT ENDEAVOUR\' (BARAIN FLAG)
Court

Court of First Instance
Case number

HCAJ158/1991

Where a charterparty expressly confers an owner's right to withdraw the vessel for default, a valid exercise and assertion of that right by the owner immediately terminates the demise charter and revives the owner's right to possession even if physical recovery occurs later; accordingly the intervener had validly terminated the charters on 29 May and the writs subsequently issued were not properly serviceable in rem against those vessels.
24 Feb 1981

CHING HING CONSTRUCTION CO LTD v. THE OWNERS OF THE SHIP "SAFINA-E-HUJJAJ"

Citation

CHING HING CONSTRUCTION CO LTD v. THE OWNERS OF THE SHIP "SAFINA-E-HUJJAJ"
Court

Court of First Instance
Case number

HCAJ160/1973

The plaintiffs engaged in inordinate delay that prejudiced the defendants; the doctrine of laches applies even where no statutory limitation period exists; the plaintiffs failed to show they could overcome laches or that striking out would be futile; therefore the actions are dismissed for want of prosecution.

Hong Kong Case Law

RUDOLF A. OETKER KG v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "MANDARIN CONTAINER"

INTERNATIONAL TRANSPORTATION SERVICE INC. v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "LIBERTY CONTAINER"

HONG KONG UNITED DOCKYARDS LTD. v. THE DEMISE CHARTERERS OF THE SHIP OR VESSEL M.V. "SEA EMPIRE" FORMERLY M.V. \'TRIDENT ENDEAVOUR\' (BARAIN FLAG)

CHING HING CONSTRUCTION CO LTD v. THE OWNERS OF THE SHIP "SAFINA-E-HUJJAJ"