Belgo Nineira Comercial Exportadora SA and Ors v Hadley Shipping Co Ltd and Ors (The “Clymene”) - Federal Court (Trial Div)(Hargrave P) - 14 May 1997

Admiralty practice - Statement of claim issued against wrong-doing ship and three sister ships - Sister ship coming within jurisdiction but not served by plaintiffs - Plaintiffs threatening to serve same sister ship when next coming into the jurisdiction - Plaintiffs thereby obtaining security for claim - Whether name of sister ship should be struck out from statement of claim

In September 1994 the plaintiffs issued a statement of claim against a wrong-doing vessel, the Cerinthus , and three sister ships ( Clare, Clymene and Continga ). The statement of claim was renewed ex parte on three occasions. The Clymene had been within the jurisdiction, at the port of Vancouver, and there had been a reasonable opportunity to serve her over a period of about four weeks. In January 1997 the plaintiffs threatened to arrest the Clymene when she next came into the jurisdiction. In response, the owners of the Clymene pointed out that the vessel had been within the jurisdiction and forwarded evidence to that effect. The plaintiffs nevertheless threatened to arrest the vessel in order to obtain security, which was in the event given by the vessel’s P & I Club but without prejudice to any rights that the owners might have, given that the Clymene had been within the jurisdiction.