The owners of the ship or vessel “TINTOMARA” (IMO 9234599) of the port of Monrovia, Liberia v. The owners of the ship or vessel “PHUONG DONG STAR” (IMO number 9404572) of the port of Saigon, Vietnam

HCAJ 34/2020

[2020] HKCFI 1619

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ADMIRALTY ACTION NO. 34 OF 2020

Admiralty action in rem against: the ship or vessel: “PHUONG DONG STAR” (IMO number 9404572) of the port of Saigon, Vietnam

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D E C I S I O N

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1.  The issue between the parties this morning is quite technical. The Defendants are unhappy for a court order to be made pursuant to their Agreement with the Plaintiffs dated 22 May 2020. It was said that the Agreement was not made on the basis that there will be an order of the court in the terms of the Agreement.

2.  I have to say that I find the submission a little puzzling because according to the terms of O 75, r 35 and the practice set out in Hong Kong Civil Procedure 2020, vol 1, rubic 75/35/2, an agreement between litigants will ultimately become an order of the court.

3.  Moreover, paragraph 3 of the Agreement provided that failing agreement by the parties the quantum of the Plaintiffs’ claim is to be assessed by the Registrar, and I agree with the Plaintiffs that a reference to the Registrar will require a court order: see O 75, r 41(1).

4.  I am not attracted by the Defendants’ suggestion that the matter should go back to the Registrar for consideration whether the Agreement should be fiated.  Such a course will be against the underlying objectives of expeditious and costs effective resolution of proceedings under O 1A, r 1.

5.  I do not believe that it is necessary for the court to resolve this technical obstacle because in light of the evidence before the court it would be appropriate for this court to make an order to reflect paragraph 3 of the Agreement.  I would allow the parties one month’s time to endeavour to agree the quantum in question.

6.  For these reasons, I make an order that failing agreement between the parties the quantum of the Plaintiffs’ claim, together with interest, shall be referred to the Registrar, assisted, if necessary, by an assessor to assess the amounts thereof. Such reference shall not be made before 15 August 2020.

7.  I shall hear the parties on costs.