In this case the Polish trustee in bankruptcy of the owner of the Defendant ships had filed an affidavit of claim claiming the entire proceeds of sale of the vessels for the purpose of distributing the proceeds in the Polish bankruptcy proceedings. An Intervening creditor brought this application to strike the trustee’s affidavit of claim. The Prothonotary commenced his analysis …
Full SummaryGreeley v. The "Tami Joan", 2001 FCA 238
This was a contest between the mortgagee and lessee of the fishing vessel "Tami Joan". The Plaintiff had leased the vessel from its owner and had effected improvements to it. Unknown to the Plaintiff the vessel was mortgaged and the mortgage was in arrears. The mortgagee seized the vessel pursuant to the mortgage and it was eventually sold. The Plaintiff …
Full SummaryGovernor and Company of the Bank of Scotland v. The "Nel", [2001] 1 FC 408
This was a hearing to determine the priorities of claimants to the proceeds of sale of the "Nel" which had been sold pendente lite for US$5,000,000. The claimants and their claims were: the mortgagee under a fleet mortgage for the expenses of sale, for wages paid to the crew and repatriation costs, and for the amount owing under the current …
Full SummaryHolt Cargo Systems Inc. v. The "Brussel", 2000 CanLII 14954
This was a hearing to determine priorities to the sale proceeds of the Defendant vessel. The claimants and their claims were: Holt Cargo Systems for costs of sale and Marshall’s expenses; Halifax Port Corporation for port dues owed by the "Brussel" and her sister ships; Atlantic Pilotage Authority for pilotage services rendered to the "Brussel" and her sister ships; American …
Full SummaryFraser Shipyard & Industrial Centre Ltd. v. The Atlantis Two, 1999 CanLII 8369, 1999 CanLII 8498
This was a hearing to determine priorities to the sale proceeds of the Defendant vessel. The claimants and their claims were: a bunker supplier for bunkers supplied pursuant to a court order granting a priority as Marshall’s expenses; the crew for wages; the Master for disbursements; the Crown for the costs of repatriating the crew; the charterer for bunkers supplied …
Full SummaryBank of Scotland v. The "Golden Trinity" et al.,, 1999 CanLII 8106
These reasons dealt with a reconsideration of a previous Order made from the bench allowing an advance payment to the mortgagees of the Defendant vessel from the sale proceeds of the Defendant vessel. The court confirmed the previous Order on the grounds that the advertising and search of lien claimants had been completed, the funds remaining in court were sufficient …
Full SummaryThe "Barkley Sound" v. Canadian Imperial Bank of Commerce, 1999 CanLII 5871
This was an application to determine priorities. At issue was whether a ship repairer in possession could claim priority over the mortgagee for storage charges and interest. The court found that the repairer had retained possession of the vessel and that the storage charges were incurred for the purpose of protecting the repairer’s interest. Under these circumstances, the court held …
Full SummaryThe Bank of Scotland plc. v. The "Nel", [1999] 2 FC 578
This was an application by a shipping agent and ad hoc supplier of bunkers to recover from the sale price of the Defendant vessel the value of bunkers sold with the ship and supplied by the applicant. The supplier did not render an invoice to the ship owner when the bunkers were delivered. The supplier said it intended to recover …
Full SummaryDoris v. The "Ferdinand", 1998 CanLII 8451
The Plaintiff was the C.E.O. of a company that in turn owned 12 other companies each of which owned one ship. The ships were floating homes. The Plaintiff alleged that as Master of the ships he disbursed funds for the payment of maintenance expenses. The Plaintiff claimed a maritime lien for Master’s disbursements in respect of such payments. The Plaintiff’s …
Full SummaryFraser Shipyard and Industrial Centre v. The 'Atlantis Two, No.T-111-98 (F.C.T.D.)
This was an application by Lloyd’s for an order that it be given priority for amounts due to it for classification services rendered to the "Atlantis Two" in 1997 and 1998. At the time of the motion the "Atlantis Two" had been ordered to be sold pendente lite. The Acting Marshall had requested that Lloyd’s make it books and records …
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