(Editor—Mavis M. D’Souza)

Subject heading with page numbers

59. ADMIRALTY PRACTICE — Action in rem — Warrant of arrest — Application to set aside warrant and writ — Whether action lay outside jurisdiction of High Court — Whether application should be granted.

By a charter-party dated Feb. 22, 1980, Containertank Corporation, the disponent owners, let the vessel Antonis P. Lemos to the charterers, Sammisa Co. Ltd. for a period of one year which was renewable. By a charter dated Oct. 16, 1981, Sammisa as owners let the vessel to the plaintiffs, Samick Lines Co. Ltd. Seoul, for one time chartered trip. On Oct. 20 and 21, 1982, the vessel loaded a quantity of corn at Houston, Texas for carriage to Alexandria. On arrival at Alexandria, on Nov. 11, 1981, the vessel was unable to berth because her draught exceeded 32 ft. and some of her cargo had to be discharged into lighters. The operation caused delay and involved the plaintiffs in additional expense in respect of which they claimed damages from the owners of the vessel, the defendants.

The plaintiffs contended that the master of Antonis P. Lemos was negligent in allowing his vessel to be loaded to such an extent that her draught on arrival in Alexandria was excessive and that the defendants were liable for such negligence or alternatively for the negligence of some other servant who might have failed to notify the master of his vessel’s destination before completion of loading. There was no contract between the plaintiffs and the defendants and the plaintiffs’ claim lay solely in negligence. On May 20, 1983, a writ was issued and the plaintiffs applied for the issue of a warrant of arrest. The action was brought pursuant to s. 20 (2) (h) of the Supreme Court Act, 1981, which provided that the Admiralty Court had jurisdiction to hear and determine—(h) any claim arising out of any agreement relating to the carriage of goods in a ship or the use or hire of a ship.