Ed Wahl Boat Builders and Repairs Ltd. v. Holm

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

In this matter the Plaintiff boat builder commenced proceedings for an amount said to be owing by the Defendants in respect of a boat under construction and had the boat arrested. The Defendants counterclaimed for defective construction. During the course of the proceedings the Plaintiff ran into various difficulties with creditors, its counsel and its sole officer and director. As a result, the Plaintiff was unrepresented and the Defendants had no way of dealing with the matter. The Defendants brought this motion for the release of the ship from arrest without posting security. The Release was granted.