FORTUNE GLOBAL SHIPPING AND LOGISTICS LIMITED (PLAINTIFF) vs. THE VESSEL DLB SEA HORIZON & 9 ORS (DEFENDANTS)

Motion seeks the (a) setting aside of writ of summons and statement of claim and also (b) An order to discharge the arrest and detention order because the vessel is owned by 10th defendant alone contrary to assertion by the Plaintiff. Exhibit TAA 2.1 cannot be received in evidence by the court because it is not in English Language. Exhibit TAA 2.2 which purports to be a translation of Exhibit TAA 2.1 can also not be received because it is also not fully and completely in English as shown by page 2 thereof. That the statement of claim and the affidavit in support of application for arrest of the vessel DLB Sea Horizon contain false statement. This allegation cannot serve as a basis to set aside a Writ. At best it may constitute an issue for trial and defence if proven at the trial. That the 1st to 10th defendants do not owe the Plaintiff and neither has the Plaintiff provided nor performed any services for the 1st defendant or the 10th defendant. This, in the opinion of the cou...