ORIENTAL OVERSEAS MARITIMESERVICES LIMITED v THE OWNERS AND/OR DEMISE CHARTERERS OFTHE SHIP OR VESSEL “FAN YUN 123 (番運123)”AND THE VESSELS LISTED IN SCHEDULE II HERETO

Read the full judgment text of HCAJ 000265/2005 on BabelCite. This HCAJ judgment was delivered on 13 February 2006.

1. I have before me a dispute which I need to resolve.  The matter before me is a motion by the defendant to set aside the Warrant of Arrest and the Writ on the basis that there is no admiralty jurisdiction in rem in respect of the plaintiff’s claim against the vessel.  Much would turn on whether factually in law it could be established that the claim arose out of an alleged charterer of the tug by the plaintiff to the defendant and that the defendant was at the time the cause of the action aros