2 Sept 2013
SIMPSON MARINE LTD v. THE OWNERS OF THE SHIP OR VESSEL M/V “MAGGIE” (an “AZIMUT 43 PLUS” HULL NO: 568 HIN:IT-AZI 43568E010 CERTIFICATE OF OWNERSHIP NO: 139475 ENGINE NO 46953382 / 46951949
- Citation
- SIMPSON MARINE LTD v. THE OWNERS OF THE SHIP OR VESSEL M/V “MAGGIE” (an “AZIMUT 43 PLUS” HULL NO: 568 HIN:IT-AZI 43568E010 CERTIFICATE OF OWNERSHIP NO: 139475 ENGINE NO 46953382 / 46951949
- Court
- Court of First Instance
- Case number
- HCAJ171/2011
The application was dismissed because it was filed at a late stage without satisfactory explanation causing inordinate and inexcusable delay and prejudice; the medical certificates were inadmissible for failure to comply with RHC Order 38 and Order 41A; the medical evidence, even if accepted, did not establish that travel was impossible or life‑threatening; VCF is an exceptional measure inappropriate where the witness's credibility is in issue, so justice required dismissal and an indemnity costs order against the applicants.