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Maritima de Ecologia, S.A. de C.V. v. Maersk Defender (Ship), 2007 FCA 194

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

In this matter Secunda discussed with the Appellant an arrangement whereby Secunda, or a company controlled by it, would purchase the Maersk Defender, modify the vessel to meet the requirements of the Appellant and then charter the vessel to the Appellant. Subsequently Atlantic, a company controlled by Secunda, entered into an agreement with Maersk to purchase the vessel and entered …

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Vilhena Shipping Ltd. v. Agro-hall Ltd., 2003 FCT 756

In Admiralty Practice, Stays of Proceedings on (Updated )

This was an application by the Defendant to dismiss the proceedings or, alternatively, for a stay of proceedings. The ground for the application was that the Plaintiff had commenced parallel proceedings for the same relief in France. The Plaintiff had attempted to withdraw those proceedings but this was not allowed by the French Tribunal. Under the circumstances the Prothonotary declined …

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Global Enterprises International v. The Ships "Aquarius","Sagran" and "Admiral Arciszewski", 2001 FCT 605

In Admiralty Practice, Judicial Sales on (Updated )

This was an application by the Polish trustee in bankruptcy of the Defendant shipowner for an extension of time in which to file an appeal of an order authorizing the sale of the Defendant ships and for a stay of the sale proceedings. The Prothonotary reviewed the case authorities on time extensions and noted that an applicant must generally show …

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Encan Liquidation v. Transintra Canada, 2000 CanLII 16598

In Arbitration/Jurisdiction Clauses in Maritime Law on (Updated )

This was an application by the Defendant carrier to stay a Third Party claim brought against it by a co-Defendant, the freight forwarder of the Plaintiff cargo owner, on the basis of a jurisdiction clause in the bill of lading. The Court noted that the bill of lading was a contract between the carrier and the "Merchant" as defined. The …

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Joy Shipping Inc. v. Empressa Cubana Des Fletes of Cuba et al., [2000] F.C.J. No. 945

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

This was an application to set aside a Writ of Seizure and Sale directing the Sheriff to seize the ship "Rio Cuyaguateje". The Writ was issued to enforce a judgment of the Superior Court of England and Wales which had been registered previously with the Federal Court. The Applicant brought this application to set aside the Writ and seizure on …

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Frontier International Shipping Corp. v. The "Tavros", [2000] 2 FC 427, [2000] 2 FC 445

In Arbitration/Jurisdiction Clauses in Maritime Law, Costs and Security for Costs on (Updated )

In this matter the Plaintiff commenced proceedings to obtain security by arrest for arbitration proceedings in New York. Once the security was obtained the Plaintiff brought an application to stay the proceedings. The Defendant questioned the fairness of an arrest to obtain security for an arbitration and also requested counter-security for its counter-claim in the arbitration as well as security …

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Itochu Canada Ltd. v. The "Fu Ning Hai", 1999 CanLII 8532

In Arbitration/Jurisdiction Clauses in Maritime Law on (Updated )

This was an application for a stay of proceedings based on a Korean jurisdiction clause in the bill of lading. The stay was refused. The factors that led the court to deny the stay were many. First, the proceeding was against multiple Defendants, only one of whom requested the stay. The court considered that a stay would result in a …

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