12 Apr 2013
CHIMBUSCO PAN NATION PETRO-CHEMICAL CO LTD v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL “DECURION”
- Citation
- CHIMBUSCO PAN NATION PETRO-CHEMICAL CO LTD v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL “DECURION”
- Court
- Court of Appeal
- Case number
- CACV97/2012
The Court held the defendants did not submit to jurisdiction by acknowledging service because they timely invoked the O.12 r.8 procedure; O.12 r.8 permits partial challenges to the exercise of in rem jurisdiction; "in control of" in s.12B(4) requires a contractual or equivalent power to direct the ship (the right to control employment/voyage instructions) and mere corporate group influence, guarantees or payments did not establish that power; on the evidence Maruba SCA was not in control of the 10 other vessels, so the judge was correct to deny in rem jurisdiction in respect of claims relatin…