Sale Pendente Lite - Admiralty Law

Avina v. The Ship Sea Senor, 2016 BCSC 749

In Admiralty Practice, In Rem Actions and Arrest on April 27, 2016 (Updated April 03, 2017)

Précis: The B.C. Supreme Court refused to set aside an arrest but also refused to order the sale of a vessel under arrest pendente lite.

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Sale Pendente Lite

The Governor and Company of the Bank of Scotland v. The "Nel", 1997 CanLII 5901

In Admiralty Practice, Judicial Sales on December 9, 1997 (Updated June 28, 2012)

This was an application by the mortgagee of the Defendant vessel for Court approval of a private sale. The mortgage covered four vessels and was outstanding in the amount of US$12 million. All of the vessels were in various stages of sale proceedings and it appeared likely that there would be a deficiency under the mortgage even after all the …

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Sale Pendente Lite

The Queen v. The "Western Horizion", No.T-1620-96 (F.C.)

In Admiralty Practice, Judicial Sales on November 19, 1997 (Updated June 28, 2012)

This was a motion by the Plaintiff to sell the "Western Horizon" pendente lite and a motion by the Defendant to stay any such sale. The Plaintiff was the holder of a registered mortgage against the vessel in the amount of $200,000.00. The vessel, however, was only valued at approximately $60,000.00. The Plaintiff’s motion was allowed by the Court on …

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Sale Pendente Lite

Mario Neves et.al. v. The "Kristina Logos", 1997 CanLII 4814

In Admiralty Practice, Judicial Sales on February 20, 1997 (Updated June 28, 2012)

This was an application by the Crown for leave to sell the Defendant vessel pendente lite. The application was granted on the grounds that the costs of maintaining the vessel amounted to over $500,000.00 and the ongoing cost was $60,000.00 per year. Further, there was evidence the vessel was deteriorating in value and its classification certificate would soon expire.

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