Nirint Inc. (Nirint Canada) v. Mega Throphy Ltd

Nirint Inc. (Nirint Canada) v. Mega Throphy Ltd

Owners expressly instructed their agent Nirint to take necessary action to secure vessel release and departure, which the court found included payment/guarantee of Groupe Ocean’s invoices; accordingly Owners are liable to reimburse Nirint the disputed $21,046.88 because the expense was reasonably incurred in carrying out the agency mandate.

Citation
2019 FC 1015
Parties
Plaintiff: NIRINT INC d/b/a NIRINT CANADA; Defendant Owner: MEGA TROPHY LTD; Defendant Manager: ISTANBUL DENIZCILIK VE DENIZ TASIMACILIGI AS; Defendant Vessel: Vessel M/V "SEREN"; Defendants Interested Parties: The Owners and all other interested in the vessel M/V "SEREN"
Court
Federal Court
Jurisdiction
Canada
Judgment Date
29 July 2019
Procedural Posture
Simplified Action (maritime/agency) / Judgment Following Trial (reasons Issued)
Outcome
Judgment for plaintiff; Defendants (Mega Trophy Ltd, the Vessel M/V "SEREN", her Owners and all others interested) jointly and severally liable to pay plaintiff.
Legal Topics
Agent Reimbursement, Authority of Agent, Vessel Arrest/detention, Unjust Enrichment, Quantum Meruit, Interest and Costs
Source Language
English
Maritime Law Agency Law Contract Law Civil Procedure Agent Reimbursement Authority of Agent Vessel Arrest/detention Unjust Enrichment +2 more

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Parties

NIRINT INC d/b/a NIRINT CANADA

Plaintiff

MEGA TROPHY LTD

Defendant Owner

ISTANBUL DENIZCILIK VE DENIZ TASIMACILIGI AS

Defendant Manager

Vessel M/V "SEREN"

Defendant Vessel

The Owners and all other interested in the vessel M/V "SEREN"

Defendants Interested Parties

Procedural Posture

Simplified Action (maritime/agency) / Judgment Following Trial (reasons Issued)

Legal Issues

  1. 1 What instructions, if any, did the Owners give Nirint regarding payment or guarantee of Groupe Ocean’s invoices?
  2. 2 If no express instructions, was it reasonable for Nirint to guarantee payment of Groupe Ocean’s invoices?
  3. 3 If Nirint was not authorized, is it entitled to compensation under quantum meruit or unjust enrichment?

Ratio Decidendi

Owners expressly instructed their agent Nirint to take necessary action to secure vessel release and departure, which the court found included payment/guarantee of Groupe Ocean’s invoices; accordingly Owners are liable to reimburse Nirint the disputed $21,046.88 because the expense was reasonably incurred in carrying out the agency mandate.

Court Disposition

Judgment for plaintiff; Defendants (Mega Trophy Ltd, the Vessel M/V "SEREN", her Owners and all others interested) jointly and severally liable to pay plaintiff.

Orders

  • Defendants Mega Trophy Ltd, the Vessel M/V "SEREN", her Owners and all others interested are jointly and severally liable to pay the Plaintiff the amount of 21046.88 CAD.
  • Pre‑ and post‑judgement interest at the rate of 5% per annum to run from December 23, 2016 until full payment.