Canadian Sub Sea Hydraulics Limited v. The "Cormorant", 2006 FC 1051

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

This was an application by the Defendant to set bail for the release of its ship from arrest. The underlying claim of the Plaintiff was for unpaid invoices relating to the provision of goods and services to the ship. There was also a counterclaim by the Defendant. The Court noted that bail was to be determined based on the Plaintiff’s …

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Calogeras & Master Supplies Inc. v. Ceres Hellenic Shipping Enterprises Ltd., 2006 FC 764

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

This was an application to set the amount of bail. The Court noted that the general rule was that bail should be sufficient to cover the Plaintiff’s reasonably arguable best case including interest and costs but limited by the value of the arrested vessel. An apparently novel point raised in the motion was the standard that should be applied by …

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Zhoushan Zhongchang Shipping Co. v. The "Otello Manship" et al., 2004 FC 1181

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

This was an application to set bail. The underlying action was for breach of contract for the sale and delivery of a bulk carrier. By the contract of sale the Defendant was required to deliver the vessel in China by 20 January 2004 which was later extended to 12 February 2004. The Defendants did not deliver the vessel as required …

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Norgate Marine Management v. Genfreight Limited (The "Conti Will"), 2003 FCT 444

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

This was an application, inter alia, to reduce the amount of security posted to release the vessel from arrest. The Court reduced the amount of security by 20% on the basis that the Court was satisfied that the claim would not succeed in full. The Court noted that the right of a Plaintiff to full security must be balanced so …

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NHM Internatinal Inc. v. F.C. Yachts Ltd. et al., 2003 FCT 373 (CanLII)

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

This matter concerned a dispute over the construction of a vessel. The Defendant had agreed to construct the vessel for a fixed price and progress payments were made by the Plaintiff during the course of construction. The vessel was, however, not completed on time and the Plaintiff went into possession as mortgagee under a builder’s mortgage. The Plaintiff also arrested …

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Striebel v. The "Chairman", 2002 FCT 925

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

The issue in this motion concerned the amount of security to be provided to a shipbuilder who had failed to complete construction of a yacht within the time frame required by the building contract. The purchasers took possession of the yacht as mortgagees and moved it to the yard of another builder for completion. The shipbuilder counterclaimed for lost profits …

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Richardson International Ltd. v. The Starodubskoe, 1999 CanLii 7836

In Admiralty Practice, Costs and Security for Costs on (Updated )

In this case the court held that the cost of posting bail is an appropriate matter to factor into an award of security for costs. The court noted that local bonding costs might be a guide to the amount of security. The court reviewed the evidence as to the actual cost of posting the bail and ordered security for bail …

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Amican Navigation Inc. v. The "Necat A" et al., 1997 CanLII 6185

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

This was an appeal from the Prothonotary. The original motion was by the shipowner to reduce the amount of bail that had been posted to secure the release of the ship from arrest. The underlying action was for breach of charterparty. The Plaintiff alleged the Defendant failed to provide a ship to load a cargo the Plaintiff had undertaken to …

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