19 Nov 1985
ALEENA SHIPPING INC. v. THE OWNERS OF AND OTHER PERSONS INTERESTED IN THE SHIP "ATHENIAN ZOE"
- Citation
- ALEENA SHIPPING INC. v. THE OWNERS OF AND OTHER PERSONS INTERESTED IN THE SHIP "ATHENIAN ZOE"
- Court
- Court of First Instance
- Case number
- HCAJ147/1985
The court has jurisdiction to order sale pendente lite but will exercise that discretion only where immediate sale is necessary in the interests of all parties; having found substantial issues to be tried and a realistic prospect that those issues (the release summons) would be tried within 2–3 months with no substantial further diminution of security, and that defendants were maintaining the vessel and would be prejudiced by an immediate enforced sale, the judge refused to order immediate appraisement and sale and adjourned the motion with liberty to apply.