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Middleton et al v. Owner & Farquharson et al, 2000 BCSC 1621

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

This was a motion to strike out the action in rem. The Plaintiff’s action was to set aside a sale of the Defendant vessel by the mortgagee to a company controlled by the mortgagee at a price that was substantially less than the value of the vessel as appraised at the time the mortgagee took possession. The Plaintiff pleaded that …

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Viktor Overseas Ltd. v. The "Filomena Lembo" et.al., 1997 CanLII 5733

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

This was an application to set aside a Warrant for arrest in a claim for unpaid repairs to the vessel. The shipowner argued that the Plaintiff had no right to arrest because the repairs were ordered by the bareboat charterer who had no authority to contract on behalf of the owner. However, the Court noted that the Statement of Claim …

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Margem Chartering Co. Inc. v. Cosena SRL and The "Bocsa", [1997] 2 FC 1001

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

This was a motion by the shipowner to strike out the In Rem Statement of Claim and set aside the arrest . The Plaintiff had entered into a charter party agreement with the "disponent owner" of the ship for the carriage of coal. Upon arrival at the port of loading the vessel was detained by Coast Guard and was unable …

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