Judicial Sales - Case Summaries
The database contains 26 case summaries relating to Judicial Sales. The summaries are sorted in reverse date order with 20 summaries per page. If there are more than 20 summaries, use the navigation links at the bottom of the page.
Please note that to facilitate easier browsing and indentification of a relevant case on small devices, we have truncated the summaries which requires you to click "more" to view a full summary. If you wish to view these summaries without truncation, click here
Sale - Delay in Payment - Forfeiture
Nedship Bank N.V. v. The Zoodotis, 1999 CanLII 7789
This was an application by the second highest bidder for the Defendant vessel to set aside an ex parte order that extended by two days the deadline by which the successful bidder was to pay the purchase price. The ex parte order was granted because there had been a transfer error by bankers. The court refused the application holding that forfeiture is a drastic event and should not be ordered "to penalize a bona fide buyer who has run afoul of a bank clerk who cannot cope with a bank transfer".
Court Ordered Sale
Annacis Auto Terminals (1997) Ltd. v. Cali (Ship), 1999 CanLII 7496
This was an application for reconsideration of an Order in which the court gave the owners until October 31, 1998 to complete a private sale of the ship failing which the ship would then be sold by the Court. The applicant was of the view that the order was deficient in that it ought to name the Sheriff who would conduct the court ordered sale and provide the Sheriff's address as the place where the Sheriff would receive bids. The Prothonotary held, however, that given the circumstances it was premature to include such particulars in the Order and Commission for Sale.
Production of Documents
The Governor and Company of the Bank of Scotland v. The "Nel", 1998 CanLII 8628 (FC)
This was an application to strike out the affidavit of claim of the Plaintiff on the grounds that proper production of documents had not been made or, in the alternative, an order for production. During the course of his reasons the Prothonotary noted that a cross examination on an affidavit is not as free ranging as an examination for discovery and is not to be used to obtain full production of documents.
Sale Pendente Lite
The Governor and Company of the Bank of Scotland v. The "Nel", 1997 CanLII 5901
This was an application by the mortgagee of the Defendant vessel for Court approval of a private sale. The mortgage covered four vessels and was outstanding in the amount of US$12 million. All of the vessels were in various stages of sale proceedings and it appeared likely that there would be a deficiency under the mortgage even after all the vessels were sold. The Court noted that a sale pendente lite could be ordered "for good reason". The Court found good reason in the fact that the "Nel" was loaded with sulfur, a cargo that is notorious for causing corrosion damage. The Court therefore approved the sale.
Sale Pendente Lite
The Queen v. The “Western Horizion”, No.T-1620-96 (F.C.)
This was a motion by the Plaintiff to sell the "Western Horizon" pendente lite and a motion by the Defendant to stay any such sale. The Plaintiff was the holder of a registered mortgage against the vessel in the amount of $200,000.00. The vessel, however, was only valued at approximately $60,000.00. The Plaintiff's motion was allowed by the Court on the grounds that: there was a large discrepancy between the value of the ship and the mortgage; the ongoing cost of moorage could exceed the value of the vessel by the conclusion of a trial; the vessel was deteriorating; and, the Defendant had not come forward to offer to share the moorage or maintain the vessel or put up security of $60,000.00. The Court also declined to order a stay of the sale finding that there was no serious issue to be determined and that the balance of convenience did not favour a stay.
Sale Pendente Lite
Mario Neves et.al. v. The "Kristina Logos" , 1997 CanLII 4814
This was an application by the Crown for leave to sell the Defendant vessel pendente lite. The application was granted on the grounds that the costs of maintaining the vessel amounted to over $500,000.00 and the ongoing cost was $60,000.00 per year. Further, there was evidence the vessel was deteriorating in value and its classification certificate would soon expire.