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Following the arrest, the Defendant sought to set aside the warrant of arrest on the grounds that:
(a) the Indemnity Claim did not give rise to a statutory right in rem under section 12A(2)(e) of the High Court Ordinance (Chapter 4 of the Laws of Hong Kong); and (b) there was a material non-disclosure in relation to the Damage Claim and, in any event, there was no evidence that damage was suffered.
Section 12A(2)(e) of the High Court Ordinance provides that:
“(2) The questions and claims referred to in subsection (1)(a) [for engaging the admiralty jurisdiction of the Court of First Instance] are-
In the present case, the parties assumed that the Plaintiff could sue the Defendant on the basis that a maritime lien attached to the Ship, notwithstanding the sale of the Ship to the Defendant.
