KIM AND ANOTHER V STX PAN OCEAN CO LTD

[2014] NZHC 845, High Court of New Zealand, Auckland Registry, MA Gilbert J, 29 April 2014

Shipping insolvency - Stay of admiralty proceedings in insolvency - Cross-border insolvency

The claimants had commenced admiralty proceedings in respect of statutory in rem rights arising under the Admiralty Act 1973 against the defendant before it entered into insolvency proceedings in Korea. This was their application to continue their statutory claims in rem against the defendant as demise charterer of the ship New Giant. Money had been paid into court by the administrators enabling the release from arrest of New Giant.