WIN MORE SHIPPING LTD V DIRECTOR OF MARINE

[2019] HKCFI 168, HKSAR Court of First Instance, Hon Chow J, 22 January 2019

Procedure - Service out of the jurisdiction - Judicial review of decisions of classification society performing role of recognised organisation

This was an ex parte application for leave to serve papers in the proceedings for judicial review on Bureau Veritas Marine China Co Ltd out of the jurisdiction, with a view to it being joined as the second putative respondent. Bureau Veritas was a classification society and a PRC company with its head office in Shanghai. The applicant was the registered owner of the HK-registered vessel Lighthouse Winmore which had been in class with Bureau Veritas to expire at the end of October 2019. In November 2017 the vessel had been detained in a South Korean port for safety deficiencies but then for breach of UN sanctions against North Korea. In February 2018 Bureau Veritas had withdrawn class and cancelled the vessel's Statutory Certificates effective immediately. In May 2018 the HK Director of Marine gave 90 days' notice of intention to close the vessel's registration (which in the event had not been actioned, pending judicial review). The applicant applied for judicial review of that decision, and of the Director's failure to request the UN Security Council Sanctions Committee to release the vessel from detention. The applicant sought to add Bureau Veritas as a respondent to challenge its withdrawal of the class of the vessel and cancel the Statutory Certificates. It obtained leave to serve Bureau Veritas in August 2018. This was its subsequent application for leave to serve the papers out of the jurisdiction.