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NOTICE IN THE HIGH COURT OF THE REPUBLIC OF THE MARSHALL ISLANDS MV ELENI COLLISION

NOTICE IN THE HIGH COURT OF THE REPUBLIC OF THE MARSHALL ISLANDS MV ELENI COLLISION

Published: 22 April 2019

NOTICE

 

IN THE HIGH COURT

OF THE REPUBLIC OF THE MARSHALL ISLANDS]

H. Ct. Civil No.2014-110, H. Ct. Civil No.2014-050 and H.Ct. Civil No.2015-194

___________

 

mv “ELENI” – collision with mv “HEUNG-A DRAGON”, Vietnam, 7 November 2013

 

NOTICE IS HEREBY GIVEN to all persons with CLAIMS against Eleni Maritime Limited, the Owners of the ship or vessel “ELENI” (IMO No.9460277), and Empire Bulkers Limited in respect of the collision between the ships or vessels “ELENI” and “HEUNG-A DRAGON”, which occurred in Vietnam on or around 7th November 2013 that in the actions of H. Ct. Civil No.2014-110, H. Ct. Civil No.2014-050 and H.Ct. Civil No.2015-194 in the High Court of the Republic of the Marshall Islands between Chubb Insurance (Thailand) Co., Ltd., Tokio Maritime and Nichido Fire Insurance Co., Ltd., et al. and Eleni Maritime Limited (Marshall Islands Registration No. 62043) and Empire Bulkers Ltd., (Marshall Islands registration No.41792), Defendants, an order was made on 13 March 2019 that:

1.       the Defendants are entitled to limit their liability, if any, in accordance with the provisions of the 47 MIRC §521 et seq in respect of damage to or loss of the mv “HEUNG-A DRAGON” and damage or loss caused to any goods, merchandise or other things whatsoever loaded on board her or loss or damage caused to any other property or other loss or liability arising as a result of the collision which occurred between the mv “HEUNG-A DRAGON” and the mv “ELENI” in or near the channel off the Vietnamese port of Phu My on the 7th day of November 2013;

2.       the Convention on Limitation of Liability for Maritime Claims 1976 and the 1996 Protocol thereto have the force of law in the Republic of the Marshall Islands;

3.       the order given in paragraphs 1 and 2 above is without prejudice to the exercise by the Defendants of their appellate rights with respect to liability ruling of the High Court of the Republic of the Marshall Islands dated 11 May 2018;

4.       the tonnage of the mv “ELENI” for the purpose of these Actions is 23,494 tons;

5.       the liability of the Defendants, if any, is limited to 4,006,998 Special Drawing Rights and no more, together with interest at the rate of 9 per cent per annum from 7th November 2013 to 21 March 2019 being the date of the constitution of the limitation fund in the Republic of the Marshall Islands;

6.       persons with claims against the defendants Eleni Maritime Limited and Empire Bulkers Limited with respect to the collision referred to in paragraph 1 above have 90 days from April 22, 2019 or until 21 July 2019 to file their claims with the High Court of the Republic of the Marshall Islands.

Dated the 22 April 2019.

TC Law LLLC

804 Kainoa PI.,

Honolulu, Hawaii 96821

info@marshallislandslawyers.com

Attorneys for Defendants

Eleni Maritime Limited and Empire Bulkers Limited

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