24 May 1978
OWNERS OF CARGO LATELY LADEN ON BOARD THE "PACIFIC BEAR" (U.S.A. FLAG) v. THE OWNERS OF THE SHIPS OR VESSELS "PACIFIC BEAR", "GOLDEN BEAR", "JAPAN BEAR" AND "THOMAS E. CUFFE" (ALL USA FLAG)
- Citation
- OWNERS OF CARGO LATELY LADEN ON BOARD THE "PACIFIC BEAR" (U.S.A. FLAG) v. THE OWNERS OF THE SHIPS OR VESSELS "PACIFIC BEAR", "GOLDEN BEAR", "JAPAN BEAR" AND "THOMAS E. CUFFE" (ALL USA FLAG)
- Court
- Court of First Instance
- Case number
- HCAJ57/1978
The court held that it retained in rem jurisdiction because the US Chapter 11 debtor in possession had not ceased to be the beneficial owner of the ships within the meaning of the Act; plaintiffs were limited by the one‑ship doctrine to obtaining security/arrest in respect of one ship only; foreign rights are not treated as maritime liens for jurisdictional purposes unless they fall within established recognised categories under the lex fori; the court would not grant a stay to defer to US rehabilitation proceedings because those proceedings did not amount to a process of universal distributi…