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ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
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(1985) 1 CLR 5
1985 February 16
[MALACHTOS, J.]
1. JORDAN CONSTRUCTING MATERIAL CO LTD.,
2. ARABIAN SEAS INSURANCES CO. LTD.,
Plaintiffs,
v.
SELIA SHIPPING CO. LTD.,
Defendant.
(Admiralty Action No. 104/76).
Admiralty - Practice - Contract for carriage of goods by sea- Breach of - Insurers paying the damages resulting therefrom to the owner of the goods - And latter subrogating his rights to the insurers - Insurer rightly joined as a party to the action against the carriers-Rules 30 and 3j of the Cyprus Admiralty Jurisdiction Order, 1893.
The plaintiffs in this case claimed damages for breach of contract of carriage of goods. Plaintiff No. 2 was the insurance company which covered the shipment in question and paid to plaintiff No. 1 the sum of US. dollars 42,54491c. as damages which resulted from the alleged breach by the defendant of the contract of carriage; and plaintiff No. 1 subrogated its rights to plaintiff No. 2.
Upon an application by defendants for an order of the Court dismissing the action brought by plaintiff No. 2 as the petition disclosed no cause of action by this plaintiff:
Held, that an insurer shall be deemed to be a person interested in the action; and that, therefore, the insurer was rightly joined as a party to the action; accordingly the application must fail. (See rules 30, 31 of the Cyprus Admiralty Jurisdiction Order, 1893).
Application dismissed.
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31. For the purposes of the last preceding rule an underwriter or insurer shall be deemed to be a person interested in the action".
It is clear from the facts of the present case, appearing in the petition and the provisions of rule 31 that plaintiff No. 2 was rightly joined as a party to the action.
Therefore, the application of the defendant company is dismissed, with costs.
Application dismissed with costs.