NORDDEUTSCHE LANDESBANK GIROZENTRALE, SINGAPORE BRANCH V OWNERS OF THE SHIP OR VESSEL “BRIGHTOIL GLORY”

[2019] HKCA 561, HKSAR Court of Appeal, Hon Kwan VP and Cheung JA, 17 May 2019

Admiralty – Judicial sale of ship – Sale pendente lite – Leave to appeal against decision to stay order for sale – Typhoon season

This was the defendant shipowner’s application for leave to appeal a decision on 24 April 2019, by which the judge declined to grant a further stay of the order for sale pendente lite of the VLCC Brightoil Glory. Defendants, who were in the process of refinancing their business and were hoping to arrange for a private sale argued in support of the application based on The Myrto that where the order for sale was defended and opposed, the judge should examine critically the reasons for making an order sought. If the order for sale was wrongly or prematurely made, that represented a powerful reason for it not to take immediate effect.