7 Jan 2025
ASL BULK MARINE LIMITED OWNERS OR DEMISE CHARTERERS OF THE SHIP OR VESSEL STINGRAY PENCELAH Gladys Holdings Incorporated
- Citation
- WA-27NCC-1-01/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-27NCC-1-01/2024 (Mahkamah Tinggi)
Because Gladys lacked the legal capacity to appear as defendant as of right and had not submitted to the court's jurisdiction until leave to intervene was granted, the plaintiff was entitled to refuse to engage with Gladys's offer of alternative security; the refusal was not unreasonable and did not unlawfully prolong the arrest, therefore Gladys' application (Enclosure 47) is dismissed with costs.
- Vessel arrest
- Security for claim
- Intervention
- Change of ownership and survival of in rem rights
- Procedural capacity to appear
- Solicitors' agreement under order 70 rule 33