Ship Arrest Proceedings

Highlights

Clive has represented parties in over 40 ship-arrest proceedings. He has acted for arresting parties, shipowners, cargo-owners, and interveners. He has represented parties in everything from arrest applications, to the judicial sale of vessels, to the determination of priorities amongst in rem creditors.

Notable work in this area:

• The MY Ferry 2: Lead counsel in the Federal Court, Court of Appeal, and the High Court for a shipowner in a collision claim caused by a barge under tow. The key argument was whether a dumb barge can be liable under a maritime lien for damage. See Owners of the Ship or Vessel ‘MY Ferry 2’ v. Owners and/or Demise Charterers of the Ship or Vessel ‘KKD000132-T’ & Anor [2020] MLJU 298, High Court ; [2021] MLJU 738, Court of Appeal.

• The Semua Bahagia: Lead counsel in the Court of Appeal in a claim against a vessel buyer, who bought the vessel whilst she was under arrest. The question that arose was whether the claimant’s right to keep the vessel arrested had been lost by laches due to its failure to seek a judicial sale. See the High Court’s judgment (where Clive was junior counsel) at Majorole Shipping Sdn Bhd v. The Owners and/or other persons having interest in the ship or vessel ‘Semua Bahagia’ [2019] 1 LNS 2397.

• The Inaimerak Super : Junior counsel in a suit that examined the significance of documents issued by the bareboat charter registry (as distinct from the ownership registry) in proving the ownership of a vessel: Rei Management Sdn. Bhd. v. The Owners of the Ship or Vessel ‘Inaimerak Super’ [2016] MLJU 1390, High Court.