Owners of the MV ‘Fortune 22’ v Keppel Corporation Ltd - Cape Provincial Division (Thring J) - 28 June 1998

Plaintiffs arrest ‘associated ship’ in South Africa having previously arrested offending vessel in Hong Kong - Whether arrest of associated ship lawful within meaning of section 3(6) of Admiralty Jurisdiction Regulation Act 105 of 1983

On 13 December 1996 the plaintiff shiprepairers issued proceedings in rem in Hong Kong against the vessel Mount Ymitos in which they claimed the balance of sums due in respect of repairs to the Mount Ymitos carried out in Singapore. The writ was not served on the vessel’s owners or charterers. On 17 December 1996 the plaintiff applied in Hong Kong for a warrant of arrest, and the Mount Ymitos was duly arrested and subsequently, on 26 March 1997, sold. The plaintiffs’ claim was not satisfied from the proceeds of sale. On 11 July 1997 the plaintiff obtained a default judgment in Hong Kong. At all times the action had remained purely an action in rem .