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Independent Fisheries Ltd v The Fishing Vessel “Altair II” – High Court of New Zealand (Christchurch Registry) (Hugh Williams J) – 10 July 2009
Admiralty jurisdiction – Equitable charge – Whether plaintiff’s claim was in respect of a “mortgage of or charge on” arrested vessel – Whether plaintiff had equitable charge over vessel – Whether arrest should be set aside
(2009) 778 LMLN 1
In 1992 the plaintiff (“IFL”) concluded a joint venture agreement with Dalmor SA of Poland (“Dalmor SA”) whereby the joint venture would charter a commercial fishing vessel and its crew from Dalmor SA, and IFL would provide deep water quota within the New Zealand Fishery Economic Zone and would process the catch. That arrangement continued until 1996 using the vessel Dalmor II, owned by Deep-Sea Fishing Company Dalmor Ltd (“Dalmor”).
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Michael Daiches, Barrister
Sep 15 2009

