Joy Shipping Inc. v. Empressa Cubana Des Fletes of Cuba et al.

In Admiralty Practice, Judgments and Enforcement of Judgments on (Updated )

This was an application to set aside a Writ of Seizure and Sale directing the Sheriff to seize the ship "Rio Cuyaguateje". The Writ was issued to enforce a judgment of the Superior Court of England and Wales which had been registered previously with the Federal Court. The Applicant brought this application to set aside the Writ and seizure on the grounds that it was not given notice of the requisition for the Writ and that the judgment debtors were not the owners of the ship. The Court held that there was no requirement that the Applicant be given notice of the requisition for the Writ. The Court further held that it did not have authority to set aside the Writ under Rule 399 as the Writ was not an order of the Court. Finally, the Court held that, pursuant to Rule 448, the issue of ownership should be resolved according to the laws of Newfoundland, where the ship was seized. The Court declined to adjudicate the ownership issue without a full record. In result, the Court refused to set aside the Writ but it did order a stay on condition that the Applicant file security for the entire amount of the judgment.