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Foresight Shipping Co. Ltd. v. Union of India et al., 2004 FC 1501

In Admiralty Practice, Judgments and Enforcement of Judgments on (Updated )

This was an appeal from an Order of a Prothonotary in which the Prothonotary had set aside the seizure of the ship. The facts were that the Plaintiff had obtained an arbitral award against the Union of India and the Food Corporation of India and registered the judgment in the Federal Court. The award/judgment was not paid and in an …

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Saskatchewan Wheat Pool v. Armonikos Corp. Ltd., 2002 FCA 444

In Admiralty Practice, Stays of Proceedings on (Updated )

In this matter the Appellant applied for a stay of a judgement pending appeal. The judgement appealed from had ordered that the Federal Court proceedings be stayed in favour of London arbitration pursuant to an arbitration clause in a charter party. The court noted that the test to be applied was three-fold: (a) there must be a serious issue to …

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Korea Heavy Industries & Const. Co. Ltd. v. Polar Steamship Line, 2002 FCA 173

In Admiralty Practice, Appeals on (Updated )

This was an application to dismiss an appeal for delay in failing to file appeal books within the prescribed time. The facts were that the Plaintiffs had notified the Defendants of their intention to examine representatives of the Defendants for discovery but failed to do so and failed to move their case forward. As a consequence, a Prothonotary ordered that …

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