In the case of compulsory delivery between Xiamen Jianfa Products CO., Ltd.
(hereinafter referred to as Jianfa Company) as the Claimant and Maersk A/S
(hereinafter referred to as Maersk Company) as the person against whom a claim
is made28, Maersk Company, in the hearing organized by the Court, argued that
it did not release goods but exercised the possessory lien on goods in accordance
of the law, which didn’t breach the terms of contract of carriage of goods by sea.
The Court held that, the breach of legal provisions or contractual stipulations by
the person against whom a claim is made should be one of conditions where the
maritime injunction is granted. Maersk Company, the carrier under the contract of
carriage of goods by sea, was obliged to deliver the goods to the consignee or the
holder of bill of lading, and the failure to deliver the goods breached its duty. In
addition, the purpose of exercising the possessory lien on goods is to guarantee the
realization of creditor’s right. Maersk Company argued to exercise the possessory
lien on goods, but Jianfa Company, as the consignee noted in the bill of lading,
provided the sufficient and effective bank guarantee for releasing the goods, which
not only guaranteed the realization of the carrier’s creditor’s right and interest, but
also avoid the further expansion of goods loss and expenses. Therefore, the Court
granted the maritime injunction in accordance with the law and ordered Maersk
Company to release the goods to Jianfa Company