Island Tug And Barge Ltd. v. 99 Haedong Star (The)

Island Tug And Barge Ltd. v. 99 Haedong Star (The)

The court was satisfied on affidavit evidence that the plaintiff's claim was well-founded and, exercising its discretion, granted default judgment limited to the relief pleaded without requiring a reference to assess damages, awarding $1,764,894.19 CAD against Haedong Co. Ltd., Daito Line Co. Ltd. and the ship '99 Haedong Star' (Haedong Star No. 99).

Citation
2002 FCT 250
Parties
Plaintiff: Island Tug & Barge Ltd.; Defendant (in Personam): Haedong Co. Ltd.; Defendant (in Personam): Daito Line Co. Ltd.; Defendant (in Rem): The Owners and All Others Interested in the Ship "99 Haedong Star" also described as "Haedong Star No. 99"
Court
Federal Court
Jurisdiction
Canada
Judgment Date
5 March 2002
Procedural Posture
Admiralty Action in Rem and in Personam / Motion for Judgment in Default of Defence; Default Judgment Entered
Outcome
Default judgment granted in favour of plaintiff Island Tug & Barge Ltd. in the amount of $1,764,894.19 CAD against Haedong Co. Ltd., Daito Line Co. Ltd. and the ship '99 Haedong Star' (Haedong Star No. 99); costs to the plaintiff as may be taxed.
Legal Topics
Default Judgment, Damages, Service of Process, In Rem Proceedings, Reference to Assess Damages
Source Language
English
Admiralty Maritime Law Civil Procedure Default Judgment Damages Service of Process In Rem Proceedings Reference to Assess Damages

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Parties

Island Tug & Barge Ltd.

Plaintiff

Haedong Co. Ltd.

Defendant (in Personam)

Daito Line Co. Ltd.

Defendant (in Personam)

The Owners and All Others Interested in the Ship "99 Haedong Star" also described as "Haedong Star No. 99"

Defendant (in Rem)

Procedural Posture

Admiralty Action in Rem and in Personam / Motion for Judgment in Default of Defence; Default Judgment Entered

Legal Issues

  1. 1 Whether plaintiff is entitled to judgment in default of defence
  2. 2 Whether a reference is required to assess damages in an in rem admiralty claim
  3. 3 Whether service of the motion for default judgment was valid

Ratio Decidendi

The court was satisfied on affidavit evidence that the plaintiff's claim was well-founded and, exercising its discretion, granted default judgment limited to the relief pleaded without requiring a reference to assess damages, awarding $1,764,894.19 CAD against Haedong Co. Ltd., Daito Line Co. Ltd. and the ship '99 Haedong Star' (Haedong Star No. 99).

Court Disposition

Default judgment granted in favour of plaintiff Island Tug & Barge Ltd. in the amount of $1,764,894.19 CAD against Haedong Co. Ltd., Daito Line Co. Ltd. and the ship '99 Haedong Star' (Haedong Star No. 99); costs to the plaintiff as may be taxed.

Orders

  • Judgment in default of defence entered for Island Tug & Barge Ltd. against Haedong Co. Ltd., Daito Line Co. Ltd. and the ship '99 Haedong Star' in the amount of $1,764,894.19 CAD
  • Costs to the plaintiff to be paid as may be taxed