THE “RANGIORA”, “RANGINUI” AND “TAKITIMU”

[2000] 1 Lloyd's Rep. 36

NEW ZEALANDHIGH COURT IN ADMIRALTYAUCKLAND REGISTRY

Before Mr. Justice Giles

Admiralty practice - Action in rem - Arrest of vessel - Jurisdiction - Application to set aside - Vessels under demise charters - Charter-party hire in arrears - Owners gave notice terminating charters - Plaintiff creditors arrested vessels and brought actions in rem against demise charterers - Owners alleged demise charterers not beneficial owners of vessels and demise charters terminated - Whether arrest should be set aside on the ground that in rem jurisdiction not properly invoked pursuant to s. 5(2)(b) of the Admiralty Act, 1973.