The Monica S

JurisdictionEngland & Wales
Judgment Date1967
Date1967
CourtProbate, Divorce and Admiralty Division
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55 cases
  • The "Fierbinti"
    • Singapore
    • Court of Appeal (Singapore)
    • 15 October 1994
    ......As the learned judicial commissioner has held, and it is not in issue before us, the statutory right of action in rem, which the respondents had on the 19 ships upon the issue of the writ, was not affected by the subsequent change of ownership of the Mehedinti: see The Monica S . The main issues in the appeal are essentially the following: (i) whether the admiralty jurisdiction in rem has been invoked against the Fierbinti, and (ii) if the answer to the first issue is in the negative, whether it could be invoked and had been invoked by the arrest of the Mehedinti. ......
  • Lim Bok Lai v Selco (Singapore) Pte Ltd
    • Singapore
    • High Court (Singapore)
    • 27 August 1987
    ...the benefit of such plaintiffs. Their claims are not affected by any subsequent changes of ownership: see the famous cases of The Monica S [1968] P 741 and The Helene Roth [1980] 1 QB 273. These decisions account for the usual provisions in agreements for sales of ships whereby sellers woul......
  • The "Bolbina"
    • Singapore
    • High Court (Singapore)
    • 31 December 1993
    ...The [1983] 2 Lloyd's Rep 313 (refd) Longford, The (1889) 14 PD 34 (refd) Maciej Rataj, The [1992] 2 Lloyd's Rep 552 (refd) Monica S, The [1968] P 741 (folld) Pacific Bear, The [1979] HKLR 125 (refd) High Court (Admiralty Jurisdiction) Act (Cap 123, 1985 Rev Ed) s 4 (4) (consd);s 4 (3) Rules......
  • Barbury (Panama) SA and Another v Cross Oceanic Navigational Services Pte Ltd; The Enfield
    • Singapore
    • Court of Appeal (Singapore)
    • 28 May 1982
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7 books & journal articles
  • The Protection Of Seafarers' Wages In Admiralty: A Critical Analysis In The Context Of Modern Shipping
    • Australia
    • Australian and New Zealand Maritime Law Journal No. 22-2, October 2008
    • 1 October 2008
    ...to this cornerstone of company law to treat all single-ship company structures as ‘shams’. 301 See Part 4.1 above. 302 See The Monica S [1968] P 741, 768. An action is ‘commenced’ upon the issue of the writ in rem , or, in modern parlance, the notice of proceeding in rem . 303 D R Thomas Br......
  • IN PERSONAM LIABILITY, BENEFICIAL OWNERSHIP AND THE ACTION IN REM
    • Singapore
    • Singapore Academy of Law Journal No. 1994, December 1994
    • 1 December 1994
    ...person; or (b) any other ship, which, at the time when the action is brought, is beneficially owned as aforesaid.” 5 See “The Monica S”[1968] P. 741 at 749. 6 [1957] P. 179. See also “The St. Merriel”[1963] P. 247, 258; “The Moschanthy”[1971] 1 Lloyd’s Rep. 37 at 42 and “The Antonis P Lemos......
  • List of cases
    • South Africa
    • Transactions of the Centre for Business Law No. 2011-47, January 2011
    • 1 January 2011
    ...The [1933] P 224Mobil Sales and Supply Corporation v The Owners of the Ship or Vessel Pacif‌ic Bear [1979] HKLR 125Monica S, The [1968] P 741Monte A, The 12 Fed 331 (1882)Morgan v the insurance Company of North America 4 US 455 (1806)Morlines Maritime Agency Ltd v Proceeds of the Sale of th......
  • The maritime lien and the present Australian admiralty law
    • South Africa
    • Transactions of the Centre for Business Law No. 2011-47, January 2011
    • 1 January 2011
    ...the Hong Kong SAR: in the twilight of the Indian Grace (No 2)?” [2002] Lloyd’s Maritime and Commercial Law Quarterly 259.63 The Monica S [1968] P 741.64 Even though the action is against the vessel itself, the general rule of admiralty that an action in rem cannot be maintained when there i......
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