24 May 1978
OWNERS OF CARGO LATELY LADEN ON BOARD THE "PACIFIC BEAR" (USA 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" (USA 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
- HCAJ60/1978
Court held it had jurisdiction to entertain the in rem actions; the US Chapter 11 'debtor in possession' status did not, on the facts, deprive the company of beneficial ownership for purposes of the Act; plaintiffs may obtain only one arrest/security in substitution for arrest and election is demonstrated by arrest or equivalent security rather than mere service/appearance; however the court declined to grant a stay based on the US insolvency proceedings and instead ordered a limited procedural stay until plaintiffs furnished specified particulars.