24 May 1978
MOBIL SALES AND SUPPLY CORPORATION v. THE OWNERS OF THE SHIPS OR VESSELS "GOLDEN BEAR" AND "PACIFIC BEAR" (BOTH USA FLAG)
- Citation
- MOBIL SALES AND SUPPLY CORPORATION v. THE OWNERS OF THE SHIPS OR VESSELS "GOLDEN BEAR" AND "PACIFIC BEAR" (BOTH USA FLAG)
- Court
- Court of First Instance
- Case number
- HCAJ19/1978
The court held that it had jurisdiction in rem: the US Chapter 11 moratorium did not automatically deprive the Hong Kong Admiralty court of jurisdiction and did not render the company not the beneficial owner of the ships for purposes of the Act; the established categories of maritime lien are to be applied by the lex fori and foreign rights will only be treated as maritime liens if they meet those attributes; plaintiffs are constrained by the one‑ship doctrine (may obtain only one arrest/security) and cannot circumvent it by service alone; however, the court refused to grant a substantive st…