New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Security for release of arrested vessel

Legal area

Court

12 Oct 2020

THE CHINA NAVIGATION COMPANY PTE LTD v TPT SHIPPING LTD [2020] NZHC 2675

Citation

[2020] NZHC 2675
Court

High Court

The court has jurisdiction and, because the LOI's purpose would be undermined if immediate compliance were not ordered, and damages would be an inadequate remedy, the balance of convenience requires granting a mandatory interim injunction ordering the defendant to provide substitute security of US$5,316,509.88 and to supply funds to defend related proceedings under the LOI.
4 Jul 2013

WESTPARK BOAT BUILDERS LTD v THE SHIP "BAYLINER 38" [2013] NZHC 1690

Citation

[2013] NZHC 1690
Court

High Court

On the evidence and pleadings the claim was properly brought in rem under Admiralty Act 1973 s 4(1)(m) because it was a claim in respect of repairs; the instalment/settlement document was equivocal and did not discharge the underlying claim on the present material; beneficial ownership by a third party was not established so joinder was not required; vessel to be released on security reflecting a broad, proportionate assessment of the plaintiff's best reasonably arguable case; security for costs ordered given lack of financial disclosure and associated risk of inability to pay defendants' cos…