13.1 Service

13.1.1 Generally

The general principle is clear: service of proceedings in a case seeking enforcement of a maritime lien is essential to ensure notice of the existence of the proceedings is given to the other party and to ensure therefore proper process is followed leading to a judicial sale. As was said in The Oriental Lily ¹ based on what was said by Brandon J in The Berny ² it is incumbent on a reasonable plaintiff to take all reasonable steps to effect service—however the initiating process may be described. This statement was recited by Reyes J in the Hong Kong case of Zhu Sheng 2 v Owners and/or Demise Charterers of the Vessel Zhu Sheng 2. ³ The very function of service of initiating process is to alert a party to the pendency of a lawsuit against that party. ⁴ The other party can claim a nullity if not served in accordance with law.