NORTHROP GRUMMAN SHIP SYSTEMS, INC. v THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL “ASIAN ATLAS” (LR NO. 7388712)

Read the full judgment text of CACV 000257/2007 on BabelCite. This Court of Appeal judgment was delivered on 11 April 2008.

1. The principal question arising in this appeal is whether the statutory right in rem contained in section 12A(2)(e) of the High Court Ordinance, Cap.4 (“the HCO”) – namely a “claim for damage done by a ship” – applies when the damage consists of or derives from damage to the relevant ship itself.  Other issues (which I shall presently identify) also arise, including an allegation of material non-disclosure.

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