THE OWNERS OF THE SHIP "KAPITAN SHVETSOV" (Plaintiffs/Appellants) v THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP "NANTA BHUM" (Defendants/Respondents)

Read the full judgment text of CACV 000212/1996 on BabelCite. This Court of Appeal judgment was delivered on 11 March 1997 before Litton V-P, Liu JA and Cheung J.

Civil procedure – application for leave to appeal to Privy Council – rule 2(b) of the 1909 Rules governing appeals to Her Majesty-in-Council – collision between ships Kapitan Shvetsov and Nanta Bhum – Russian owners' right to litigate in Hong Kong weighed against parallel proceedings in Singapore – difference between 1957 and 1976 Conventions on limitation of liability – whether questions of great general or public importance arise – majority held underlying judgment applied well-known propositions of law and no such question arose, defendants retained ability to apply for special leave – dissent (Liu JA) regarded questions as unique and novel, particularly whether Hong Kong's later adoption of a Convention could per se constitute a juridical advantage on a stay application – application refused by majority.

Legal issues: Whether leave to appeal to the Privy Council should be granted under rule 2(b) of the 1909 Rules

Outcome: Majority (Litton V-P and Cheung J): application for leave to appeal to the Privy Council refused. Dissent (Liu JA): would have granted leave and a stay.