Annacis Auto Terminals (1997) Ltd. v. The "Cali", 1999 CanLII 8667

In Admiralty Practice, Judicial Sales on (Updated )

This was a motion by the mortgagee to vary an order of sale. The motion arose because one of the terms of the sale order was that any moorage charges from the date of the sale order to the time the ship left the berth were to be given priority as sheriff’s costs. At the time it was contemplated that …

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Bank of Scotland v. The "Golden Trinity" et al.,, 1999 CanLII 8106

In Admiralty Practice, Judicial Sales on (Updated )

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 …

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Nedship Bank N.V. v. The Zoodotis, 1999 CanLII 7789

In Admiralty Practice, Judicial Sales on (Updated )

This was an application by the second highest bidder for the Defendant vessel to set aside an ex parte order that extended by two days the deadline by which the successful bidder was to pay the purchase price. The ex parte order was granted because there had been a transfer error by bankers. The court refused the application holding that …

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Annacis Auto Terminals (1997) Ltd. v. Cali (Ship), 1999 CanLII 7496

In Admiralty Practice, Judicial Sales on (Updated )

This was an application for reconsideration of an Order in which the court gave the owners until October 31, 1998 to complete a private sale of the ship failing which the ship would then be sold by the Court. The applicant was of the view that the order was deficient in that it ought to name the Sheriff who would …

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The Governor and Company of the Bank of Scotland v. The "Nel", 1998 CanLII 8628 (FC)

In Admiralty Practice, Judicial Sales on (Updated )

This was an application to strike out the affidavit of claim of the Plaintiff on the grounds that proper production of documents had not been made or, in the alternative, an order for production. During the course of his reasons the Prothonotary noted that a cross examination on an affidavit is not as free ranging as an examination for discovery …

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

In Admiralty Practice, Judicial Sales on (Updated )

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

In Admiralty Practice, Judicial Sales on (Updated )

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

In Admiralty Practice, Judicial Sales on (Updated )

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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