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Unitor ASA v. The "Seabreeze I", 2001 FCT 416

In Maritime Liens, Mortgages & Priorities on (Updated )

In this matter a claimant alleged that the Defendant vessel was sold by judicial sale to a nominee of the ship’s mortgagee. This information came from various published newspaper reports. The claimant sought to compel the mortgagee to answer questions on cross-examination and to produce documents relating to the identity of the purchaser at the judicial sale, its corporate relationship …

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Royal Bank of Scotland plc v. The Golden Trinity, [2000] F.C.J. No. 938

In Maritime Liens, Mortgages & Priorities on (Updated )

This was an application to strike out the affidavits of claim of the Plaintiff mortgagee on the grounds that the deponent produced for cross-examination was inadequately prepared. The Court agreed with the Applicant that the cross-examination was unsatisfactory in that the witness gave clearly incorrect answers and was not properly informed but refused to strike out the affidavits of claim. …

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Nedship Bank N. V. v. The "Zoodotis", 2000 CanLII 15471

In Maritime Liens, Mortgages & Priorities on (Updated )

The Plaintiff mortgagee was unable to produce the deponent of its affidavit of claim for cross-examination and brought this application for leave to substitute another witness for cross-examination. The Court stated that the general rule was affidavits will be struck out if the deponent is not produced for cross-examination and replacement affidavits will not be allowed in the absence of …

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