23 Apr 2010
INTRALINE RESOURCES SDN BHD v. THE OWNERS OF THE SHIP OR VESSEL "HUA TIAN LONG"
- Citation
- INTRALINE RESOURCES SDN BHD v. THE OWNERS OF THE SHIP OR VESSEL "HUA TIAN LONG"
- Court
- Court of First Instance
- Case number
- HCAJ59/2008
Sovereign and modified sovereign immunity claims were rejected. The court found that crown immunity survives as a doctrine applicable to the CPG as the new sovereign and that Guangzhou Salvage Bureau (GZS) is part of the Ministry of Communications and an emanation of the CPG entitled to claim crown immunity; however, on the facts GZS waived and/or submitted to the jurisdiction by its conduct (participation in proceedings, filing a counterclaim, arranging bail) so the defendants’ summons seeking stay/dismissal was dismissed and the court retained jurisdiction to proceed.