Law: Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980)

Section: 3,4,4(4)

Law: Civil Procedure Code (V of 1908)

Section: O.XII,XXXVIII,XXXIX,R.1,2,5,6

(a) Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980)--- ----Ss. 3 & 4---Exercise of Admiralty Jurisdiction by the High Court---Mode of---Actions in rem and in personam---Arrest of ship and sister-ship---Time-Charterers---Scope---Person against whom claim was being lodged under the Admiralty Jurisdiction of the High Court must be owner of an offending ship and once such a condition was fulfilled, only then an order for arrest of a "sister-ship" could be made---However, where the vessel under arrest was owned by the then time-charterer who was a defendant against whom plaintiff lodged a claim, then Admiralty Jurisdiction of the High Court would also apply---Contention that time-charterers be excluded from Admiralty Jurisdiction of the High Court was not tenable since if that were the case, then under no circumstances admiralty claims could be satisfied against a party owning and /or utilizing a vessel under a time-charter---Under S. 4(4) of the Admiralty Jurisdiction of High Courts Ordinance, 1980, plaintiff was required to first identify the relevant person who would be liable in personam when cause of action arose and such person could either be owner, time-charterer or person in possession or control of the vessel in connection with which such claim arose---For establishing a claim in rem for arrest of a ship, relevant person must beneficially own majority shares in such ship and if such claim was in respect of any other ship or a "sister ship" then a relevant person must be beneficially owning such other ship---Person who was liable when the cause of action arose, if was a time-charterer and it was not possible to arrest such ship in connection with which claim arose for any reason, then any other ship beneficially owned such time-charterer would be a target for arrest under S. 4(4) of the Admiralty Jurisdiction of High Courts Ordinance, 1980. [2008] ANZMarLaw JI 11, Court of Appeal [1982] Vol. 1 Part 3, p.225 LLOYD's Law Reports, Hong Kong Supreme Court [1982] Vol. 2 Part 5 p.532 LLOYD's Law Reports and Messrs V.N.Lakhani and Co. v. The Ship Lakatoi Express 1994 CLC 1498 distinguished. Messrs MSC Textile (Pvt) Ltd. through Executive Director v.…

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