Royal Bank of Scotland plc v. The Kimisis

This was an application by a lien claimant for leave to file a supplementary affidavit of claim attaching a document showing delivery of necessaries supplied to the defendant ship. The Court refused the application noting that the document had been specifically requested one year earlier and not produced and that the time for filing affidavits had expired 14 months previous. The Court stated that the time for filing affidavits of claim or supplementary affidavits could be extended provided there were special circumstances that are fully explained. In the circumstances, however, the Court held that the Applicant had not satisfactorily explained why the document was not produced earlier. An appeal was dismissed at 2001 FCT 307.