Hughes v Clewley [1994] JLR 227 (21 June 1994)

Hughes v Clewley [1994] JLR 227 (21 June 1994)

A mere personal creditor is not an 'interested person' entitled to apply for an order under Merchant Shipping Act 1894, s.30, as they have no proprietary interest in the ship; a former owner seeking rescission of transfer is an 'interested person.'

Citation
[1994] JLR 227
Parties
Applicant: Hughes; Respondent: Clewley
Jurisdiction
Jersey
Judgment Date
21 June 1994
Procedural Posture
Application Under Merchant Shipping Act 1894, S.30 / Judgment
Outcome
application dismissed
Legal Topics
Prohibition on Dealing With Ship, Definition of Interested Person, Creditor Rights, Rescission of Transfer
Shipping Law Prohibition on Dealing With Ship Definition of Interested Person Creditor Rights Rescission of Transfer

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Parties

Hughes

Applicant

Clewley

Respondent

Procedural Posture

Application Under Merchant Shipping Act 1894, S.30 / Judgment

Legal Issues

  1. 1 Whether a mere personal creditor is an 'interested person' entitled to apply for an order under Merchant Shipping Act 1894, s.30 prohibiting dealing with a ship
  2. 2 Whether a former owner seeking rescission of transfer qualifies as an 'interested person'

Ratio Decidendi

A mere personal creditor is not an 'interested person' entitled to apply for an order under Merchant Shipping Act 1894, s.30, as they have no proprietary interest in the ship; a former owner seeking rescission of transfer is an 'interested person.'

Court Disposition

application dismissed