Chimbusco Pan Nation Petro-Chemical Co Ltd v The Owners and/ or Demise Charterers of the Ship or Vessel “Decurion” – High Ct of Hong Kong SAR (Ct of First Instance) (Reyes J) – 4 May 2012

Admiralty jurisdiction – Arrest of sister ship by bunker supplier – Whether defendant was “in control” of offending ship when cause of action arose

The vessel Decurion was owned by Maruba SCA (“Maruba”). Decurion and 10 other vessels had been time-chartered to Clan SA (“Clan”) on NYPE forms. Clan had an agreement with South Atlantic Container Ltd (“South Atlantic”) for the supply of bunkers to its chartered vessels. South Atlantic in turn had a services agreement with Maruba for the provision of bunkers to Clan’s vessels in Hong Kong. Clan was related to Maruba but was a different legal entity.