HSBC Bank plc v The Owners and/or Demise Charterers of the Ship or Vessel “Apellis” – High Ct of Hong Kong SAR (Ct of First Instance) (Anthony Chan J) [2017] HKCFI 1785 – 11 October 2017

Admiralty practice – Vessel sold by order of court – Owners of vessel failing to acknowledge service of proceedings – Plaintiff applying by notice of motion for judgment in default of acknowledgment of service – Whether need for notice of motion to be served on defendant

The plaintiff bank sought to enforce a Secured Loan Agreement dated 8 October 2010 and a First Preferred Ship Mortgage dated 29 October 2010. It brought an action in rem against the vessel Apellis and served the writ on the vessel on 5 August 2016. The vessel was sold on the application of the plaintiff and pursuant to an order of the court made on 30 August 2016.