UAB Garant v The ship “Aleksandr Ksenefontov” – High Court of New Zealand (Williams J) – 2 April 2008
Admiralty practice – Sale of vessel pendente lite – Whether sale should be stayed pending shipowners’ appeal – Whether stay should be on terms that shipowners provided additional security for ongoing arrest expenses
The plaintiff shipyard arrested the vessel Aleksandr Ksenefontov on a number of occasions in 2006 and 2007. On 21 December 2007 the court refused the shipowners’ application to set aside the arrest, and ordered the vessel to be appraised. The plaintiff’s application for a sale pendente lite was adjourned pending receipt of the appraisement and a further hearing. Directions were made leading to a further hearing to deal with the adjourned application for sale pendente lite and various applications for relief against forfeiture, the ship having been forfeited to the Crown on 25 October 2007 after the master pleaded guilty to charges under the Fisheries Act 1996.
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Michael Daiches, Barrister
Jun 18 2008
