2,051
edits
Changes
From DMC
no edit summary
The Court confirmed the long established principle in The Rena K [1979] QB 337 that a cause of action in rem did not merge in a judgment in personam until the latter had been satisfied. In seeking to arrest a vessel as security for an arbitral award which remains unsatisfied, practitioners should be careful that the in rem writ should rely on the underlying in rem claim and not the award; otherwise, they would risk the writ being found to fall outside the court’s Admiralty jurisdiction: see The Chong Bong [1997] 3 HKC 579; The Bumbesti [2000] QB 559.
Fn.1 "s.12(A)(1) The Admiralty jurisdiction of the Court of First Instance shall consist of-
jurisdiction to hear and determine any of the questions and claims mentioned in subsection (2);
(2) (h) any claim arising out of any agreement relating to the carriage of goods in a ship or to the use or hire of a ship;"
Fn.2 "s.5(1) No proceedings may be brought by a person in Hong Kong on a cause of action in respect of which a judgment has been given in his favour in proceedings between the same parties, or their privies, in a court of an overseas country, unless that judgment is not enforceable or entitled to recognition in Hong Kong."
